What is the difference between a false imprisonment conviction and an assault conviction?

California, United States of America


The following excerpt is from People v. Galloway, C083691 (Cal. App. 2017):

the trial court's finding that defendant had separate intents and objectives in committing the false imprisonment and assault offenses. There was evidence demonstrating that defendant's intent and objective in the false imprisonment offense was to prevent D. from fleeing and disobeying him by instilling fear in her through his words and acts. There was also evidence demonstrating that the assault was not incident to this objective. The record shows that defendant ordered D. to get into his car and told her she must follow his directives. He then drove her around for about 15 to 20 minutes. When he finally parked in the warehouse yard, defendant demanded D. orally copulate him. According to D., the oral copulation lasted for approximately 15 minutes. While he was being orally copulated, and after he touched and sucked on D.'s breasts, defendant told her that he was going to have sexual intercourse with her. As the trial court noted, the assault was not necessary to accomplish the false imprisonment, so the false imprisonment was not merely incidental to the assault. Section 654 "cannot, and should not, be stretched to cover gratuitous violence or other criminal acts far beyond those reasonably necessary to accomplish the original offense." (People v. Nguyen (1988) 204 Cal.App.3d 181, 191.) Here, defendant's act of having sexual intercourse with D. was an act far beyond what was necessary to accomplish the false imprisonment offense. Further, defendant had ample time to reflect on his conduct between the time he ordered D. to get into his car and the time he had sexual intercourse with her. Although defendant insists the purpose of the false imprisonment was to facilitate the subsequent act of sexual intercourse, the trial court could have reasonably concluded otherwise. In fact, the record is entirely susceptible to the interpretation defendant formed the intent and objective to have sexual intercourse with D. after he falsely imprisoned her. Accordingly, the trial court was justified in denying defendant's request to stay sentence on the assault conviction.

Other Questions


What are the implications of section 654 of the California Criminal Code when a defendant is convicted of sexual assault, assault and false imprisonment? (California, United States of America)
What is the difference between false imprisonment and misdemeanor false imprisonment? (California, United States of America)
What is the difference between a sexual assault conviction and a conviction for sexual assault? (California, United States of America)
In a motion to overturn a conviction for false imprisonment brought by convicted rapist convicted of a charge of kidnapping for rape, what are the elements test? (California, United States of America)
What is the difference between a conviction for false imprisonment and a concurrent conviction for forcible penetration? (California, United States of America)
What is the difference between a conviction for assault and a previous conviction for a similar assault? (California, United States of America)
What is the difference between a prior conviction for assault and a subsequent criminal conviction? (California, United States of America)
What is the range of life sentences for a convicted violent criminal who was convicted of assault with intent to murder, assault, and possession of a firearm under the Mental Health Act? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
Is there a difference between assault with intent to commit rape and false imprisonment? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.