False Imprisonment (Penal Code 236 and 237)

Penal Code 236 defines false imprisonment as the unlawful violation of the personal liberty of another. Penal Code 237 sets the punishment. It is a charge that very rarely stands alone — it usually accompanies something else, and that something else is often what actually drives the bail figure.

The line between misdemeanour and felony

False imprisonment is a misdemeanour in its basic form. It becomes a felony where it is effected by violence, menace, fraud or deceit. That distinction is doing a great deal of work: the difference between blocking a doorway during an argument and restraining someone by force is the difference between two very different bail figures.

Where it sits relative to kidnapping

People often confuse this with kidnapping. The broad distinction is movement: kidnapping under Penal Code 207 involves moving a person a substantial distance, while false imprisonment is restraint without that element. Kidnapping is treated far more seriously and may be a strike offence — see kidnapping and three strikes and bail.

The charges it usually travels with

False imprisonment commonly appears alongside domestic violence allegations, assault and battery, criminal threats, or robbery. Because counts stack on the bail schedule, the total can be considerably higher than the false imprisonment figure alone would suggest — see how bail schedules work.

Where the allegation is domestic, Penal Code 1270.1 may require a hearing before release rather than release on the schedule amount, and a protective order may issue — see after a DV arrest and protective orders and EPOs.

Working out the amount, and what can change it

The figure comes from the countywide schedule that Penal Code 1269b requires each county’s judges to adopt and revise annually — which is why Orange and Los Angeles County can attach different numbers to identical conduct. A judge may raise bail under Penal Code 1269c, a hearing may be required before release in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

The process around it

Where they are, and where the case is heard

Which facility is holding the person decides how much time you actually have — a Temporary Holding facility must move someone within 24 hours, while a Type I city jail may hold an adult up to 96 hours excluding holidays. See what the classifications mean, then our Orange County and Los Angeles County jail guides, and find an inmate.

Neither county’s Superior Court publishes a public city-by-city table assigning criminal cases to courthouses. The release paperwork names the courthouse, date and time, and it governs — see understanding your release paperwork and all courthouses.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing on this page is legal advice, and we cannot predict how any case will be charged or resolved. Charging decisions are made by the prosecutor, not by the arresting agency, and bail schedules are revised annually. Always confirm current details with the facility, the court, or a criminal defence lawyer. California bail license 1841014.