Does false imprisonment constitute a misdemeanor or a felony?

California, United States of America


The following excerpt is from People v. Superior Court (Feinstein), 29 Cal.App.4th 323, 34 Cal.Rptr.2d 503 (Cal. App. 1994):

False imprisonment is therefore not a wobbler which may be charged as either a misdemeanor or a felony. If the crime is committed by violence, menace, fraud, or deceit, it is a felony, and the court has no discretion to treat it as a misdemeanor. This type of felony has been referred to as a "straight" felony, to distinguish it from a wobbler for purposes of section 17 analysis. (See People v. Mendez (1991) 234 Cal.App.3d 1773, 1779, 286 Cal.Rptr. 216.)

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