False imprisonment is the unlawful violation of the personal liberty of another person through restraint, confinement or detention without their consent. This provision though is much more specific in nature with greater penalties.
Sec 210.5 of the California Penal Code defines the crime of false imprisonment using a hostage to protect from arrest as the use of another person as a human shield to avoid and be protected from lawful authorities. This involves hostage type of situations where the accused uses the victim as leverage for concessions. The common situation would be letting the accused go in exchange for the life of the hostage victim. The accused believes that as long as the victim is used as a shield, they are safe from police action.
While the generic false imprisonment charge is considered as a wobbler offense, Sec 210.5 is considered as an automatic felony and the prison time imposable would be either three, five or eight years in state prison.
Other sentencing enhancements may be applied that may increase the overall prison time for the criminal act committed. These includes Sec 12022.7 PC or great bodily injury enhancement, Sec 242 PC or battery, Sec 209 PC or kidnapping and Sec 187 PC or murder.
The crime of false imprisonment of a hostage to avoid arrest is a serious matter in California. Should you be or know anyone facing any of these charges, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.
