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False Imprisonment For Shoplifting In San Diego
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State:
Multi-State
County:
San Diego
Control #:
US-000280
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California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.
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.
Penalties for Shoplifting Offenses in California Probation, and a fine up to $250, if the value of stolen goods is less than $50, and it is your first offense (infraction). Imprisonment up to six months, and a fine up to $1,000, if the value of stolen goods is less than $950, and it is your first offense (misdemeanor).
Even if probable cause does exist, if the store owner detains the plaintiff for too long or in an unreasonable or excessive manner, liability for false imprisonment is still a real possibility. Learn more about intentional tort personal injury cases.
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.