False imprisonment prohibits wrongful restraining, confining or detaining a person without that person’s consent (Penal Code § 236). The most common context of this that our office sees is when someone transports someone in a car, against their will, usually during an argument after the person asks to be let out of the car. Such conduct could also be charged as the more serious charge of kidnapping or even carjacking, depending upon the circumstances and especially the length of the confinement.

False imprisonment can also happen when one holds someone’s arm or arms and does not let go of the person, such as during a domestic violence situation or during a sex offense. In other words, false imprisonment can be charged when the restraint, confinement or detention lasts for only a very short time.