Most people know what kidnapping is – or at least they think they do. But what about the charge of false imprisonment? If you have been charged with either of these crimes, or a loved one has, then read on to learn what the difference is and how you can fight them. Then contact Law Office of Michael L. Fell at (949) 585-9055 to speak to an experienced criminal defense attorney.
A charge of kidnapping
California Penal Code makes it clear that a charge of kidnapping involves taking a person or moving them to another part of the county, or out of the county or state, by using force or fear. The prosecution must prove that the defendant took, held, or detained a person with force or fear, that the moved that person or made the other person move what the courts consider a “substantial distance,” and that the person being moved did not consent to being moved.
The key to a charge of kidnapping is movement. A person can be convicted of this charge if they take a person from one location and move them to another against their will. It does not have to be a long distance. For example, if a person was in their home and saw someone walking on the sidewalk in front of their home, and then moved that person into their home using fear or force, they could be facing kidnapping charges.
A kidnapping conviction can come up with eight years in prison and it is a violent felony. As a result, it does count as a strike toward the Three Strikes Law.
A charge of false imprisonment
If a person knowingly and illegally restrains, detains, or confines a person so that they cannot leave then they could be charged with false imprisonment. Note that the main difference between this and kidnapping is that false imprisonment does not necessarily involve force or fear. Instead, it could be locking a door so that someone cannot leave a room.
False imprisonment is what’s known as a wobbler offense in California, which means that the prosecution is able to charge it either as a misdemeanor or a felony. How they charge it will depend of course on the specifics of the case, but it will also depend on a person’s criminal history. If charged as a felony, it could come with a prison term of as long as three years while a misdemeanor charge can result in up to 364 days in jail.
Do not face either charge on your own
If you have been accused of or charge with false imprisonment or kidnapping then you should contact a criminal defense attorney right away. You can reach Law Office of Michael L. Fell quickly or easily by calling (949) 585-9055 or sending us an email at mfell@fellesq.com. You have a right to an attorney and we offer you a free legal consultation. Call us now to find out more about your legal options.