Penal Code 236 defines false imprisonment as the unlawful violation of the personal liberty of another — restraining, detaining, or confining someone without their consent.
It is a misdemeanor — unless it is done by violence, menace, fraud, or deceit, which makes it a felony.
What PC 236 Says
PC 236 is the unlawful violation of another person’s personal liberty. In practice that means intentionally and unlawfully restraining, detaining, or confining someone without their consent — blocking a doorway, grabbing an arm, refusing to let someone leave. No lock or rope is required.
Misdemeanor or Felony?
Under PC 237, false imprisonment is a misdemeanor carrying up to one year in county jail and/or a $1,000 fine. It becomes a felony when it is effected by violence, menace, fraud, or deceit. Whether force was used is usually the pivotal question.
Defenses
- Consent. If the person agreed to stay, there was no unlawful restraint.
- Lawful authority. A shopkeeper’s reasonable detention of a suspected shoplifter, or a lawful citizen’s arrest, can be privileged.
- No actual restraint. A person who was free to leave was not falsely imprisoned.
- No violence or menace — which, at minimum, keeps the case a misdemeanor. judicial diversion (PC 1001.95) may resolve it entirely.
Frequently Asked Questions
Is false imprisonment a felony or a misdemeanor in California?
False imprisonment under PC 236 is a misdemeanor carrying up to one year in county jail and/or a $1,000 fine. It becomes a felony when it is accomplished by violence, menace, fraud, or deceit.
What counts as false imprisonment?
The unlawful violation of another person's personal liberty — intentionally restraining, detaining, or confining someone without their consent. It does not require a lock or physical barrier; blocking someone's way or refusing to let them leave can be enough.
What are the defenses to a PC 236 charge?
Consent (the person agreed to stay), lawful authority (a shopkeeper's reasonable detention or a lawful citizen's arrest), no actual restraint (the person was free to leave), and the absence of violence or menace, which keeps the case a misdemeanor.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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False imprisonment turns on consent, lawful authority, and whether force was used. Tell me what happened and I'll tell you where the case is soft.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com