False Imprisonment
False Imprisonment is unlawful restraint that
substantially interferes with the personal liberty (i.e. freedom of movement) of another (CaliforniaPenal Code Section 236). False Imprisonment is a crime and a tort (civil wrong). In California, False Imprisonment is generally charged as a misdemeanor. A felony will be charged if the False Imprisonment is accomplished by violence, menace, fraud, or deceit. False Imprisonment as a misdemeanor carries a fine and up to one year in county jail. Felony False Imprisonment provides for a potential state prison sentence. False Imprisonment is sometimes referred to as
unlawful detention,
unlawful restraint,
unlawful imprisonment,
false arrest, or
criminal restraint. See also and compare to
False Arrest.