This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
False Imprisonment Jail Time In King
Category:
State:
Multi-State
County:
King
Control #:
US-000280
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
A person commits false imprisonment when they engage in the act of restraint on another person which confines that person in a restricted area. False imprisonment is an act punishable under criminal law as well as under tort law. Under tort law, it is classified as an intentional tort.
Nominal damages will be awarded to an individual who has suffered no actual damages in consequence to the illegal confinement. In cases where an injured offers proof of injuries suffered, s/he will be compensated with damages for physical injuries, mental suffering, and loss of earnings.
The misdemeanor offense of false imprisonment under California Penal Code Section 237(a) PC requires a prosecutor to establish the following elements: The defendant intentionally and unlawfully restrained, detained or confined another person. The defendant made the person stay or go somewhere against that person's will ...
If you are referring to the tort of false imprisonment, then the answer is yes. You can file a civil lawsuit against someone or an entity that falsely imprisoned you. However, outside of an extreme situation, the problem is that there are rarely any actual damages. Therefore, a lawsuit is rarely worth doing.
Penalties for Penal Code 236 False Imprisonment If convicted of a PC 236 felony crime, you could spend up to three years in a California state prison and be fined up to $10,000. It should be noted that if the victim was elderly or dependent, the sentence could increase to four years.
Ing to New York Penal Law §135, false imprisonment occurs when an individual unlawfully restrains a person's movement without their consent in a way that restricts their freedom or prevents them from leaving.
To convict you, the prosecution must prove the following elements: That you intentionally restrained, detained, or confined another person; and. The restraint made the victim go or stay somewhere against their will.
To prove a false imprisonment claim as a tort in a civil lawsuit, the following elements must be present: There was a willful detention; The detention was without consent; and. The detention was unlawful.
More info
Unlawful Imprisonment in the First Degree is a Class E felony. Because unlawful imprisonment in the first degree is a class E felony the maximum possible prison sentence is 4 years.An individual sue for false imprisonment if they are arrested but not charged within a certain amount of time. False imprisonment occurs when a person intentionally and illegally restrains another person's ability to move freely. You can not sue for false imprisonment for being found not guilty at trial but later found guilty on appeal. False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person's movement within any area without legal authority. Holding someone against their will is called false imprisonment and it is against the law. If you are facing false imprisonment charges it could cost you. False imprisonment in the second degree is a misdemeanor and carries a maximum prison sentence of one year. In NC, false imprisonment is the unlawful restrain or detainment of an individual without their consent.