False imprisonment is a serious crime in California, with multiple factors that are considered once a person is charged with this offense. All counties within California have the right to decide upon their own bail amounts to garner a release once charged with the crime, however, the state of California actually lays out what constitutes this charge and provides the sentencing guidelines that the counties must abide by when enforcing penalties.
What is False Imprisonment?
False imprisonment has a very simple definition in the State of California: unlawfully violating another person’s personal liberty; accomplished by confining, detaining or restraining a person without their consent. This crime can be made even more serious if the accused used violence, menace, fraud or deceit during the commission of the crime. Menace basically means that a person threatened harm upon another person in an effort to violate their personal liberty. There are defenses to a charge of false imprisonment, but only a good lawyer can argue the case, so it is imperative that a person charged with this crime get out of jail as quickly as possible to prepare their defense.
Bail Amounts
The bail amounts related to false imprisonment are going to vary depending on what county a person is arrested in, and under what specific circumstances. Call the closest of Bail Hotline’s twenty-five branch offices, and speak with a bail agent to find out the preset bail amount provided in any given county’s bail schedule
San Diego County’s bail schedule, for example, sets a bail amount of $10,000 for those accused of this crime. Los Angeles County, on the other hand, sets bail at $50,000, while Santa Clara County only sets it at five thousand dollars. All of these bail schedules have specific instances where a person can be given a higher bail amount depending on circumstances related to the false imprisonment charge.
Consequences and Penalties
False imprisonment is known as a ‘wobbler,’ meaning it can be charged either as a misdemeanor or a felony. A misdemeanor charge will only bring a maximum fine of $1,000 and up to a year in jail. False imprisonment is considered a felony if menace, violence, fraud or deceit was used, in which case a person faces sixteen months, two years or three years respectively in a state prison. If these methods were used against an elderly person or dependent, then the punishment jumps up to two, three or four more years. In any case, these penalties are severe and not to be taken casually.
False imprisonment, especially certain forms of the crime, is a serious offense in California that can lead to very damaging consequences. Anyone accused of this crime is in for quite a legal battle if they want the charges set aside or significantly reduced. Taking the charge lightly will likely incur the severest punishment possible in the state of California, so obtaining your release from jail as quickly as possible to begin preparing your defense is ideal.
