Earlier this month, the news reported Salinas Councilman Jose Castaneda’s new slew of legal problems, and this time they go beyond whether or not he is legally holding two elected offices. Salinas police announced that Castaneda was arrested and charged with kidnapping, false imprisonment, and felony domestic violence. According to reports, Castaneda was waiting for his ex-girlfriend when she arrived at her home on Friday night. He allegedly forced the woman into a van, drove away to another location, and held her hostage for several hours. During that time, police believe he assaulted her, leaving her with the bruises that led to the felony charge of domestic violence. Castaneda allegedly eventually released the woman and allowed her to walk home.
Castaneda and his attorney, Anthony Prince, eventually contacted police and said he would turn himself in to police. They asked police if it could wait until after a press conference Castaneda had scheduled for Thursday morning. Police took him into custody at the press conference. If convicted of the felony charges, California law would disallow Castaneda from holding any state office, and he would also face the legal ramifications associated with those charges. His bail is currently set for $100,000.
California False Imprisonment Law
It is easy to confuse kidnapping with false imprisonment. There are instances in which a person restrains or otherwise holds another person against his or her will but the act does not rise to the level of a kidnapping offense. In these situations, one may be charged with false imprisonment under California Penal Code Section 236 or California Penal Code Section 237(a).
False imprisonment is a misdemeanor when the defendant intentionally and unlawfully restrained, detained, or confined another person and made the person stay or go somewhere against that person’s will. It is punishable by one year imprisonment.
False imprisonment is a felony when the defendant intentionally and unlawfully restrained, detained, or confined someone by using violence or menace and made the other person stay or go somewhere against that person’s will. It is punishable by up to three years imprisonment. In both instances, force or threat of force is required, while violence is only required for the felony-level charge.
If the victim consented to the detention, it is not considered false imprisonment.
San Diego Criminal Defense Lawyer
If you are facing assault-related kidnapping or false imprisonment charges, it is imperative to work with an attorney who fully understands the California criminal justice system. These are violent crimes that come with grave legal consequences. The Law Offices of David Boertje zealously defends the freedom and constitutional rights of those facing and misdemeanor or felony charge. We will pore over the evidence and challenge everything we can. Do not hesitate to contact attorney David Boertje today for a free and confidential consultation. False imprisonment can be either a misdemeanor or felony.