In the early morning hours of Saturday, May 9th, a Canyon Country man was arrested under suspicion of assault and false imprisonment after he returned home from a party intoxicated and abused his relatives.
According to reports, deputies responded to a domestic violence call at about 2:45 am on Gravett Place in Canyon Country when the witnesses/victims explained what had happened. Apparently, the suspect returned home drunk from a party and began getting verbally aggressive with the victim. It is believed that when the victim attempted to call police, the situation escalated into physical violence when the suspect reached out and began choking the victim. The choking was so severe that the victim began to lose consciousness. After investigating the report, SCV Sheriff Station deputies arrested the suspect on suspicion of felony assault and false imprisonment.
Assault is covered under California Penal Code 240 PC and is described as an unlawful attempt, coupled with the present ability, to commit a violent injury on another person. Basically, if you have the ability to physically injure someone, and you try to do it, you can be charged with assault. Whether or not you injured the person, or even struck them, is irrelevant. It can be charged as either a misdemeanor or a felony depending on the circumstances of the case and the defendant’s prior criminal history. Misdemeanor charges carry the possible penalties including summary probation, up to six months in county jail and/or a fine of up to $1,000. For felony charges, the potential penalties are significantly increased and generally include time in California state prison.
False imprisonment is covered under California Penal Code 236 PC and is defined as “the unlawful violation of the liberty of another.” The crime is typically charged when someone detains, restrains, or confines a person without their consent. False imprisonment is a “wobbler” in California that can be charged as either a misdemeanor or a felony. Misdemeanor charges include penalties of up to 6 months in county jail, a fine of up to $1,000, or summary probation. When charged as a felony, the potential penalties include jail time of 16 months to three years.