False imprisonment

What is false imprisonment | Difference Between Kidnapping and False Imprisonment

What is false imprisonment 

False imprisonment is where you confine an individual and they can’t leave or the reasonably believe they cannot leave now. It doesn’t mean that you have to lock the person up, that is an example of confinement but basically you have to unjustifiably restrain an individual to a given area and a reasonable person in their situation would believe that they cannot leave now, if a person remains in that area willingly or through consent it’s fine but they have to believe that they have no ability to leave that can be simply not with a locked door but by your presence there they believe that they will suffer some type of harm if they attempt to leave or if they do leave now this comes about all the time in the shoplifting context a store or business believes that an individual is stealing something so the asked the person to follow them to the back and tell them, if not they will call the police and that it’s in their best interest to come with them now in that situation it may be reasonable that individual believes that they cannot leave they are being threatened in some way shape or form to come to the back room now if the individual, who calls them to the back room the employee says hey you stay here you don’t leave the police etc.

Also Read – Codification of law )

It doesn’t matter if the door is not locked but as long as a reasonable person in that situation believes  that they cannot leave without suffering some form of unjustifiable repercussions then they are confined now in that situation if somebody has indeed shoplifted then in that situation it may be justifiable to detain them but if the business is wrong and the individual has not stolen anything or it is not justifiable to detain them then that is  imprisonment under false pretenses and that can be actionable in tort.

It include Imprisonment or being confined to a certain area a restricted area by someone who does not have authority to do so such a claim would arise. If you are unable to understand “ what does false imprisonment mean” then take a look on the example given below.

For Example:-

When you are in a grocery store and you are a corner by a sales clerk and you are alleged to have committed an in that store without any real probable that store without any real probable cause and without any reason for believing that it occurred “false imprisonment” I believe may also include the term confinement criminal confinement.

when you or when a person by threat or show of force or by fraud is kept or transferred from one place to another that would be the essence of criminal confinement in Indiana. False imprisonment is also a tort or civil action which may be pursued against a person under certain circumstances if you believe that you have been falsely imprisoned for any reason whatsoever you should consult an attorney to understand what is the best course or what is the best course of action to pursue at particular at that time.

False imprisonment of a child starts if the child is below the age of 18 years or below the age of majority ( 18 years after that he is major in all the states). False imprisonment of a child is one of the most heinous crime and punished more severely than false imprisonment of an adult. It is occurring because of kidnapping and putting children into jail without the consent of the parent.

False imprisonment of a minor generally does not occur if the defendant is related to the child and if they acted with the consent of the child’s parents.

False Imprisonment According to California Penal Code:

In Penal Code Section 236, California law defines false as wrongfully confining,  restraining, or detaining a person against their will. So an example would be barricading a person so they can’t leave their home, or preventing somebody from leaving a nightclub when they want to go, or blocking someone’s car so they can’t leave the parking lot. Now, false imprisonment is different then kidnapping. It’s very similar to the crime of kidnapping, but its different in that kidnapping involves actually moving a person a substantial distance against their will. Whereas false imprisonment is sort of just the opposite.. its preventing a person from moving when they want to do so. Now, false imprisonment in california, is a wobbler. It means that it could be charged as a misdemeanor or felony depending on the circumstances. Usually it’s a misdemeanor which could carry up to a year in county jail. But if you use violence in order to falsely imprison someone then it could be charged as a felony and you could face up to three years in state prison. So it’s very serious and if you are accused or you are charged with this offense, you certainly want to do everything you can now to keep it off your record to fight the case and to beat the case. Now, we find lots of accused of false imprisonment nad we have had great record of success in defending clients charged ith this offense.

And we find a lot of innocent people do get wrongly accused of false imprisonment. First of all, it may have been a situation where our client had a right to detain the person. He may have been a security guard or he may have been a loss prevention person. So if you fear that somebody is intoxicated and the are going to do drive drunk or hurt themselves, or hurt someone else and may be you confine temporarily for their own safety or other people’s safety, then that’s a defense. Also a lot of people simply get wrongly accused. It may have been situation where the alleged victim consented to be where he was, and there really was no false imprisonment, but he points the finger at you and makes a false accusation for some ulterior motive.


What is the difference between Kidnapping and false imprisonment:-

Kidnapping and False imprisonment are are related crimes in fact false imprisonment is lesser included offense of the more serious crime of kidnapping the line between these two crimes can be very subtle and the state will oftentimes choose to charge kidnapping even if they can ultimately only prove false imprisonment the reason being there’s a huge difference in penalties the difference between two offenses is that for kidnapping you have to move a person you have to transport them in some manner and you have to have the intent to commit or facilitate a felony when do so unlike false imprisonment kidnapping is always a crime and it never involves monetary damages false imprisonment does not require moving a person nearly that you can find them without their consent not only false imprisonment crime but it is also a tort or civil wrong for which you can get money damages. False imprisonment is a third-degree felony punishable by a maximum of five years in prison whereas kidnapping is a false imprisonment on steroids. It’s a first-degree felony punishable by a minimum of 48 months in prison and maximum life.


Some Question were asked by many people about False imprisonment?


Question:- How much compensation for false imprisonment?

Answer:- The amount will differ from person to person who claim against false imprisonment.

Question:- How many year for false Imprisonment?

Answer:- The false imprisonment sentence is determined by the judge and it is according to sititation of every case. It is not like in every case the judge will give you Life imprisonment. The minimum senstence is 48 months and maximum it can be Life Imprisonment.



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