According to California Penal Code Section 210.5 False Imprisonment of a Hostage to Avoid Arrest, it is illegal to falsely imprison another person for the purposes of using him as a human shield or trying to avoid arrest, thereby increasing the risk of harm to that person.
The prosecutor must be able to establish the following elements to convict the defendant under California PC Section 210.5:
In case the defendant had the alleged victim’s prior consent to restrain or confine him, then he can’t face criminal charges under PC Section 210.5. The defendant must act against another person’s will for being convicted of false imprisonment of a hostage.
One of the elements of false imprisonment of a hostage crime is subjecting a victim to an increased risk of harm or injury. In case the defendant had no means to actually harm the victim, even if he threatened it, he may be able to skip a PC Section 210.5 conviction.
In some cases, false imprisonment situations are very complicated. In case the defendant was forced by another person to falsely imprison a hostage then he may be able to build a legal defense to the PC Section 210.5 charges.
Under California Penal Code Section 210.5 falsely imprisoning another person to avoid arrest is a felony, punishable by:
The defendant can also face additional penalties such as fines, criminal restitution to the victim, the increased penalty for future crimes, the possibility of facing civil lawsuits, adverse consequences for immigration, or professional license issues.
Defendant may qualify for a probation sentence, a suspended sentence, or a split sentence. The probation mainly depends on the case facts as well as the defendant’s criminal history.
If found guilty under California Penal Code Section 210.5 the defendant will be entitled to earn up to 50 percent credit off of his sentence for good behavior.
Additionally, depending on the facts of the case defendant can be charged with the following crimes in connection with falsely imprisoning another to avoid arrest:
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