Riverside False Imprisonment Domestic Violence Lawyer
Defense Against Restraint-Related Domestic Allegations
False Imprisonment Defense Attorney for People Throughout Riverside
In California, domestic violence crimes are treated seriously. Prosecutors receive special training and zealously work to convict those accused of a domestic violence offense. However, an experienced false imprisonment defense attorney can make a large difference in your case.
At Law Office of Gregory H. Comings, APC, we understand that when faced with domestic disputes, every person reacts differently. False imprisonment may be charged in a domestic violence case when one person knowingly forces another to remain in place against their will. In some cases, false imprisonment charges accompany other related crimes, such as domestic battery.
If you are facing criminal charges, Riverside false imprisonment lawyer Gregory H. Comings is prepared to advise you of your legal options and rights. We work aggressively to reduce your sentence or possibly dismiss pending criminal charges.
If you’ve been accused of false imprisonment related to a domestic violence incident in Riverside, California, your future and freedom could be at serious risk. Under California law, false imprisonment is defined as intentionally restraining someone without their consent—whether through physical force, verbal threats, or even blocking a doorway. When paired with domestic violence allegations, this charge can quickly escalate into a felony. At the Law Office of Gregory H. Comings, APC, our Riverside false imprisonment defense attorney provides aggressive legal representation for individuals facing these complex accusations. We focus on protecting your rights, challenging the prosecution’s evidence, and building a defense that reflects the facts of your case. Don’t face these charges alone—understanding your legal options is the first step toward protecting your future.
Reach out to our Riverside false imprisonment defense attorney at 951-686-3457 or schedule an initial consultation through our confidential contact form.
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“I recently contacted the Law Office of Gregory H. Comings for advice on a post‑conviction matter, and I am extremely grateful for the help I received. I am disabled, going to school, and I don’t have a lot of money, so I was honestly worried that even asking a few questions would cost me something I couldn’t afford. Instead, Attorney Greg Comings took the time to speak with me, listened to my situation, and gave me clear, honest guidance — all through a free consultation. He explained my options in a way I could understand and didn’t rush me or make me feel like a burden. The advice he gave me might actually help me improve my situation, and I appreciate that more than I can say.”
False Imprisonment and Domestic Violence
False imprisonment is the crime of keeping a person restrained against their will. It does not require long-term restraint. Specifically, California Penal Code Section 236 makes it unlawful to violate the personal liberty of another.
The court will look at whether the defendant intentionally and unlawfully restrained, confined, or detained someone through violence or menace. They will also assess whether the defendant made the other person stay or move somewhere, against that person’s will.
Specifically, “violence” is defined as a force greater than is reasonably necessary to restrain someone. Menace refers to a threat of harm, this can be verbal or physical. A threat of harm may be express or implied.
An example of an express threat of harm could occur during an argument, if the husband grabs his wife’s arm as she tries to walk away. He may face charges for misdemeanor false imprisonment under California Penal Code 237 (a) PC.
“Menace” is often understood as the threat of violence which induces reasonable fear on the part of the victim. This fear may be due to verbal threats, such as saying you are going to hurt someone. The significant question is whether the victim had a reasonable fear they or another person would be subject to violence.
It is also important to understand that false imprisonment does not have a minimum time requirement for the commission of the crime. A person may face charges for false imprisonment if they are accused of confining the victim for days or a few moments.
False imprisonment takes different forms. A person may physically block a door, or hide car keys. If the defendant unlawfully restrains, confines, or detains a person against that person’s will, the conduct may constitute false imprisonment.
Potential Penalties for Conviction for Domestic Violence Unlawful Imprisonment
As a wobbler crime in California, false imprisonment may be charged as a felony or misdemeanor. Under Penal Code section 237(a), felony false imprisonment may be committed through violence, menace, fraud, or deceit; any one of those four circumstances may support the felony charge. Violence is not required in every felony case.
Felony false imprisonment is punishable by 16 months, two years, or three years. Misdemeanor false imprisonment is punishable by up to one year in county jail and/or a fine of up to $1,000.
Reach out to our Riverside false imprisonment defense lawyer at 951-686-3457 or schedule an initial consultation through our confidential contact form.
Assert a Defense to False Imprisonment and Domestic Violence
In a domestic violence dispute, if the victim consented to the detention or restraint, then the defendant would not be criminally liable for the crime. Consent may be shown through audio recording, or a text or email message. If there were witnesses to the dispute, this can also strengthen the defense of consent.
In some cases the prosecution may be challenged to gather sufficient evidence to prove the defendant’s intent to restrain. An experienced defense attorney may be able to argue that you did not have the intent to detain or confine another person. If the evidence supports this defense, it may provide grounds to seek dismissal or reduction of the criminal charge(s).
Consult an Experienced Riverside Defense Lawyer to Discuss Your Criminal Charges
Riverside domestic violence defense lawyer Gregory H. Comings works to develop persuasive and effective arguments to secure a successful outcome, based on the facts of your case. We understand no two cases are alike, and for that reason we take time to listen to our clients and cater each defense to their needs.
We can be reached by calling or online, through our website form. Call today to schedule a complimentary meeting to discuss your criminal charges.
