Our federal criminal defense lawyer will protect your rights in high-stakes cases with expert legal guidance.
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In order to better understand what actually amounts to False Imprisonment, we must look at the essential elements of the crime, as described in the California Criminal Jury Instructions (CALCRIM). CALCRIM is not a source of law but a summary of the law written annually by the Judicial Council of California in order to help jurors, who are generally regular people outside the legal profession, understand the law.
According to CALCRIM 1240, False Imprisonment has two essential elements that the prosecutor must be able to prove beyond a reasonable doubt in order to convict a person of the crime under Penal Code sections 237 a and 237 b:
If the prosecutor is unable to prove both elements and only proves one or neither, the defendant is entitled to an acquittal.
If a person does not consent to the act, it is done against their will. To consent, a person must act freely and voluntarily and be aware of the nature of the act. Saying yes at gunpoint is insufficient.
Consent is an affirmative defense to false imprisonment because it eliminates one of the necessary elements for a conviction.
A misdemeanor is a crime of false imprisonment without the use of force or violence, such as the crime described above:
If the crime is committed by force of violence, it is prosecutable as a felony. There are many defenses we can use for false imprisonment charges, and our false imprisonment lawyers will assert any and all applicable defenses on your behalf.
Have you been named as a “restrained person” in a restraining order filed by a family member, friend, coworker, or close acquaintance? Not only is your name and reputation at stake but so could your future freedom, depending on the specifics of the restraining order and the allegations surrounding it.
If you do nothing to defend yourself and tell your side of the story, you may be permanently barred from participating in certain activities.
When you are served with a restraining order, you must consider how you will protect yourself from the consequences that will follow. Kareem Law’s San Bernardino restraining order lawyers can help you build a strong legal case against the restraining order’s permanence, as well as a case against any criminal accusations that may accompany it.
Honorable And Determined Criminal Defense Attorney To Protect Your Future.
When you are given a restraining order, usually by a sheriff’s department member, you must:
If you “lose” the court hearing or fail to appear, the ruling judge will make the restraining order “permanent.” In most cases, the conditions of the temporary restraining order will remain unchanged, but some changes or additions may occur. The judge will issue a permanent restraining order that can last up to five years.
Temporary restraining orders are the starting point for all restraining orders. A temporary restraining order can be obtained at virtually any time by a variety of means, including speaking with a judge or a police officer on the street.
Because you can’t predict when someone will want to file a restraining order against you, you can’t stop a temporary order from restraining you. What you can do is learn how to respond correctly to avoid further problems.
When you are facing criminal charges, you need an experienced criminal defense attorney you can trust. Kareem has been practicing criminal law for more than a decade and is one of the most trusted and highly rated attorneys. Whether you need help with a domestic violence case, felony and misdemeanor cases, theft crimes, or any other criminal charges, call Kareem Law APC for excellent legal representation. Kareem is a compassionate criminal lawyer who will protect your rights, guide you through every step of the process, provide you with the legal counsel you deserve, and fight hard to obtain optimal results. Call today at (888)-506-6519 or use our online contact form to schedule contact with a seasoned criminal defense lawyer in Riverside.
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