Both false imprisonment and kidnapping charges involve the violation of someone's personal freedom. That said, both are differentiated by their respective legal definitions.

Let's look at how they work, as experienced by Los Angeles criminal defense lawyers:


The following are the critical differences between kidnapping and statutory false imprisonment in California:

  • The victim need not be moved to another location in order for false imprisonment to occur.
  • The use of force and fear aren't necessary for an act to be of false imprisonment.

On the other hand, all of the following actions constitute kidnapping:

  • Another person is taken, held, imprisoned, or arrested
  • Utilizing coercion or inciting fear
  • Move them a significant distance away

While kidnapping necessitates a change of location, false imprisonment can occur in the same place. Kidnapping also entails the use of violence or fear. While it is possible to wrongfully jail someone without the use of force or intimidation, the consequences may be more severe.


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Kidnapping Vs. False Imprisonment In California


Penalties For Kidnapping Charges In California


Kidnapping is a felony in California that carries a maximum of eleven years in state prison. Aggravated kidnapping carries a sentence of life in prison without the possibility of parole.


To ensure that you mount a solid defense against these accusations, contacting prescreened Los Angeles criminal defense lawyers is always preferable.


What is the Penalty in California for False Imprisonment?


False imprisonment is a "wobbler" offense by California law. The offense may be charged as either a misdemeanor or a felony, depending on the circumstances. False imprisonment is typically a misdemeanor; however, the following circumstances could turn the allegation into a felony:

  • If the victim is an older person
  • If the victim is an adult-dependent
  • If the wrongful imprisonment was carried out using force, intimidation, deception, or deceit
  • If the false imprisonment is connected to a hostage scenario

If false imprisonment is considered a misdemeanor in California, which might result in up to a year in jail and some monetary fines. However, if it is regarded as a felony, there might be a sentence of 16 months to 3 years in prison. 


However, imprisonment time might range from 3 to 7 years if an elderly or dependent adult is falsely imprisoned. Expect a harsher sentence if the victim was killed or severely injured.


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What Are The Defenses Of Kidnapping Charges In California?


Some of the most common and reasonable defenses for kidnapping charges include:

  • You had reason to believe the alleged victim consented
  • The alleged victim consented to be moved
  • The alleged victim was not moved a substantial distance
  • There isn't enough evidence to prove kidnapping


How Can You Defend A False Imprisonment Charge In California


If you've been accused of false imprisonment in California, you have a few solid defenses at your disposal. Potential countermeasures include:

  • You had the right to restrain the person under the law.
  • The person who claimed to be falsely imprisoned consented to being restrained.
  • In self-defense, the constraint was used.

That said, defense arguments are considered based on their reasonability. So, for example, the court isn't going to give you a free pass because you said it was for self-defense; you have to prove and show that it was the reasonable thing to do at the moment. Hence, it's crucial for you to seek advice from prescreened Los Angeles criminal defense lawyers.


Get A Referral To A Prescreened Criminal Defense Attorney In California


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