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PC 236 False Imprisonment -- What Constitutes

False Imprisonment is the unlawful violation of the personal liberty of another.

What are the elements of false imprisonment?

1. Defendant intentionally restrained, confined, or detained victim.

OR

2. Defendant compelled the victim to stay or go somewhere.

3. The defendant's act of offense was against the victims will.

Can I go to prison if I'm convicted of false imprisonment?

Yes, the offense can be a felony, which would carry a sentence of 16, 24, or 36 months in state prison, unless a grant of probation was given.    However, it may also be charged as a misdemeanor, which would have a sentence of up to one year in county jail.

When does false imprisonment commonly get charged?

Domestic violence incidents often give rise to a charge of false imprisonment.  A spouse or domestic partner may decide to leave, and the other party does not wish them to leave, and uses force or other similar means to confine them within the home, apartment, or other confined area.  Other times it is more serious, as people are locked or confined by violent aggressive individuals who have ulterior motives.

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"Criminal defense is about helping good people, that is what I do." Jonathan Rooker

Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.

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