How to Get a Wobbler Charge Wobbling Your Way
A “wobbler” offense is a California crime punishable as either a misdemeanor or felony. Odd but true: the same criminal act can get you charged with a simple misdemeanor or a serious felony.
Who Decides Between a Felony and Misdemeanor?
Prosecutors can charge wobbler crimes either way, as a serious felony or manageable misdemeanor.
But prosecutors only have the first opportunity to decide. Defendants may petition the judge under Penal Code 17(b) to reduce a wobbler felony conviction to a mere misdemeanor.
Judges can reduce a wobbler from a felony to a misdemeanor at the preliminary hearing, at sentencing, or after the defendant completes probation.
When May a Judge Reduce a Wobbler Felony to a Misdemeanor?
With skilled defense counsel, the defendant should petition the judge under Penal Code 17(b) to reduce a wobbler crime charged as a felony down to a misdemeanor.
The judge may make that reduction only when the defendant serves probation.
If instead, the defendant serves felony prison time, either in the California State Prison or the county jail under Penal Code 1170(h), then Penal Code 17(b) does not authorize a wobbler’s reduction.
What Are the Wobbler Crimes?
If you face criminal charges in California, the chances are good that the crime prosecutors have charged you may be a wobbler crime. California’s dozens of wobbler crimes include many common crimes such as:
- sexual battery under CA Penal Code 243.4;
- assault with a deadly weapon under CA Penal Code 245;
- spousal battery under CA Penal Code 273.5;
- lewd acts with a minor under CA Penal Code 288;
- elder abuse under CA Penal Code 368;
- brandishing a weapon under CA Penal Code 417;
- criminal threats under CA Penal Code 422;
- burglary under CA Penal Code 459; and
- DUI causing injury under California Vehicle Code 23153.
How Does a Felony Differ from a Misdemeanor?
You would far rather face a misdemeanor conviction than a felony conviction. A misdemeanor conviction is better than a felony conviction for many reasons, including:
- standard misdemeanor convictions carry a maximum sentence of six months in jail (up to one year if gross or aggravated) and a $1,000 fine, while felonies carry a sentence of more than one year in prison and a fine of $10,000 or more;
- felony convictions can disqualify you from educational opportunities, jobs, rental housing, loans, honors and awards, association memberships, leadership positions, and volunteer opportunities;
- you can lose a professional license or certification because of a felony conviction or lose the opportunity to gain a license or certification for which you are otherwise qualified; and
- a felony conviction can revoke important legal rights and privileges like your right to own a firearm under CA Penal Code 29800 or serve on a jury under CA Code of Civil Proc 203(a)(5).
Seek Legal Help When Facing a Wobbler Charge Let the experienced team at the Law Offices of David S. Chesley help you make your wobbler charge wobble the right way. If you face a felony charge for a wobbler crime, then call the Law Offices of David S. Chesley now at (800) 755-5174 or contact us online. Let us help you get your wobbler to wobble the right way.
