In California, criminal offenses are classified as felonies or misdemeanors depending on their severity. A felony is a serious offense, and a conviction could result in a lengthy prison sentence. On the other hand, a misdemeanor is a lesser offense that could result in a jail sentence not exceeding one year. While many crimes are either felonies or misdemeanors, some charges are known as wobblers.

In California, a wobbler is an offense that could be charged as a felony or a misdemeanor. However, some factors in your case could influence the prosecutor’s decision to charge it either way. Understanding how wobblers work can offer you a better understanding of your charges and the likely consequences of a conviction. If you face charges for a wobbler in California, it would be wise to retain the services of a competent criminal defense attorney.

Wobbler Crimes in California

Under California criminal law, a wobbler is an offense that could be charged as a felony or a misdemeanor. Often the prosecutor or judge will determine how to charge your crime based on several factors of your case. If your crime is a wobbler and you face felony charges, you can petition the court to change your conviction from a felony to a misdemeanor. Some of the common wobbler crimes in California include:

  • Assault with a deadly weapon

  • Child endangerment

  • Lewd conduct with a child

  • Making criminal threats

  • Forgery

  • Burglary

  • Carrying a loaded gun in a public place

  • Domestic battery

  • Sexual battery

  • Vehicular manslaughter

  • Grand theft

The opportunity to have your charges reduced is essential since there is a significant difference between the consequences that accompany a felony and misdemeanor conviction.

Felony Offenses

Crimes that are charged as felonies are often severe. If you face a conviction for a felony offense, you may need to serve a prison sentence of not less than one year and pay fines up to $10,000. In addition to these legal consequences, a potential employer will need you to disclose any past convictions in their routine background check. Most felony offenses are severe, and having such a conviction in your record could be used as a basis to deny you the job position. If you are already employed, facing a felony conviction could result in a job loss.

Obtaining a professional license with a felony conviction may be very challenging. Also, you cannot enlist in the military since they carry out serious scrutiny on applicants. Even after serving their sentence, a convicted felon has no right to possess, purchase, or use a firearm. These harsh consequences that accompany a felony conviction are long-lasting and could change your life. Therefore, you will need the guidance of a skilled attorney to help you fight for a reduction of your charges.

Misdemeanor Offenses

Misdemeanor offenses are not serious. A standard misdemeanor conviction attracts a six-month jail sentence and a fine not exceeding$1,000. For aggravated misdemeanors, your jail sentence may be increased to one year. However, when you face misdemeanor charges, you will not necessarily serve your entire sentence in jail. The prosecutor can offer you misdemeanor probation in exchange for the jail sentence.

Wobbler Offenses

Some criminal offenses are charged as wobblers in California. Whether the prosecutor charges your offense as a felony or a misdemeanor will depend on the following factors:

  1. The severity of your crime. The seriousness of the crime you are charged for will significantly determine whether your offense is a felony or a misdemeanor. In most crimes where the victims suffer severe injury or death, the prosecutor may charge the crime as a felony. Also, the sophistication applied in the commission of the crime may affect how your crime is charged. For example, if you are charged with committing the crime of burglary. In that case, the prosecutor may charge you with a felony if you caused injuries to another person and a misdemeanor when there were no physical injuries on the victims.

  2. Your Criminal Record. Generally, California law is strict on repeat offenders. Therefore, if you have a past criminal record, you are likely to face felony charges. When the charge you face is a wobbler, and you are a first-time offender, your attorney can negotiate for your crime to be charged as a misdemeanor.

  3. Your cooperation with law enforcement. If you cooperate with law enforcement during an arrest and investigation of your case, you are more likely to be charged with a misdemeanor.

  4. Strength of the prosecutor’s criminal case. Whether the prosecutor charges your wobbler offenses as a felony or a misdemeanor, they must prove all the specific elements of the crime before securing a conviction. Often, the elements of a felony may be more challenging to prove, which makes their case weaker. The prosecution would not want to lose a case. Therefore, they could charge you with a misdemeanor when they feel that their case is not strong enough to secure a felony conviction.

  5. Your age. Often California law treats younger offenders with more leniency. Minors who commit crimes are charged in juvenile court, where the system’s main aim is rehabilitation. However, when a minor commits a serious offense, they could be charged and convicted in adult court. If a juvenile faces a wobbler in criminal court, the prosecutor may charge them with a misdemeanor that attracts lesser penalties.

  6. Your Eligibility for Probation. In many criminal cases, probation is offered as an alternative to jail time. If you are sentenced to probation, you will serve part of your sentence out of jail. However, not all criminal defendants are entitled to probation. If you are eligible for probation, the prosecutor may charge you wobbler crime as a misdemeanor.

  7. Your probability of continuing the criminal conduct. If the prosecutor feels that you need more punishment to discourage you from future instances of crime, they may charge you with a felony. A felony conviction attracts a lengthy prison sentence that will give you more time for rehabilitation.

Reducing a Wobbler from a Felony to a Misdemeanor

When your wobbler crime is charged as a felony, you can file a petition with the court to reduce the charge to a misdemeanor. When you file a 17(b) petition, the judge could reduce your charges during the following stages of your case:

  • When The Prosecutor Files The Charges 

Upon considering the factors of your case, a prosecutor will decide to charge you with a felony or a misdemeanor then file charges with the court. At this stage, the judge could reduce the charges and allow the case to proceed as a misdemeanor.

  • When You Are Held To Answer The Felony At The Preliminary Hearing 

As soon as the prosecutor files charges against you, the judge must hold a preliminary hearing. At the preliminary hearing, the judge will determine whether or not there is sufficient evidence to hold you answerable for the crime. If the judge finds insufficient evidence to charge you with a felony offense at this stage, they may reduce it to a misdemeanor. At the preliminary hearing, your attorney must convince the judge that there is no reason to proceed with the case.

The burden of proof at a preliminary hearing is less than that of the criminal jury trial. Before a prosecutor secures a conviction for your crimes, the prosecution must prove that you are guilty of the crime beyond a reasonable doubt. However, the burden of proof in a preliminary hearing is only a probable cause.

  • At the Sentencing

A sentencing hearing is a court proceeding where the judge imposes the penalties on a defendant found guilty of committing a crime. Often, this hearing is held when you plead guilty or are found guilty by a jury. California sentencing hearings are more relaxed when compared to jury trials. During the sentencing hearing, you have an opportunity to object to the sentence. When you present mitigating circumstances as to why the punishment should be reduced, the judge may decide to reduce your felony wobbler to a misdemeanor.

  • On Completion of Felony Probation

Unlike a wobbler, a straight felony cannot be reduced to a misdemeanor. If you face a felony conviction for a wobbler, the judge may still reduce your charges to a misdemeanor after you complete your probation. If you are convicted for a felony wobbler, you just have been sentenced to probation for your conviction to be eligible for a reduction. If the court denies you probation and sentences you to State prison, your felony cannot be reduced to a misdemeanor.

To increase the chances of having your charges reduced from a felony to your misdemeanor, you will require the guidance of a skilled criminal defense attorney. Your attorney will:

  • Collect all evidence that could strengthen your case. When you gather more evidence to support your case, you will be weakening the prosecutor’s case. The prosecution will not want to battle you in a case where they are likely to lose. Therefore, this could prompt them to reduce your charges to a misdemeanor.

  • Locate expert witnesses who can support your defense. Testimony from an expert witness could carry more weight and will not be easily dismissed.

  • Cross-examine the prosecutor’s witnesses. The most vital defense strategy in a criminal case is to dispute the prosecutor’s account of events. If you make it difficult for them to establish the elements of crime, you will have a better chance at reducing your charges.

Even when the prosecutor is not willing to reduce your felony, judges are free to reduce the wobbler felony to a misdemeanor if there are mitigating circumstances in your case. Mitigating circumstances are factors that could prompt the judge to be lenient towards you, including:

  • You do not have a past criminal record. If you are a first-time offender and your crime is not very serious, the judge could consider reducing your wobbler from a felony to a misdemeanor.

  • Your role in the commission of the crime. For some crimes, all individuals involved in the crime could face similar charges regardless of their roles. In other cases, you may be charged as an accessory to the crime and not the actual perpetrator. If you did not actively commit the alleged crime, the judge might decide to reduce your felony to a misdemeanor.

  • You confessed to your involvement in the crime. If you accept your wrongdoings at the beginning of the criminal process, the judge could reduce your charges regardless of the prosecutor's decision to charge you with a felony.

  • You paid restitution to the victims. If you are charged with committing a crime that resulted in injuries or loss of another person, part of your sentence may involve victim restitution. However, if you compensate the victims before the sentencing, you may have a better chance of having your felony reduced to a misdemeanor.

  • Your prior performance on parole or probation was satisfactory. In a criminal proceeding, the judge may be lenient on a defendant whose past rehabilitation attempts were successful. If you completed your probation for past convictions, the judge could reduce your charges.

  • If it is evident that you used caution to avoid harming other people during the commission of a crime, the judge could reduce the prosecutor’s felony charge to a misdemeanor.

Even when your felony is reduced to a misdemeanor, some consequences of a felony conviction will apply, and they include:

  • If you committed a serious offense and were sentenced under the three-strikes law, the conviction will still count as a strike after the reduction.

  • If you face charges for a sex offense requiring sex offender registration, the sex offender status will remain after you reduce the felony to a misdemeanor.

  • State licensing agencies will still consider you as a felon when considering you for a State license.

  • Under the firearms statutes, the federal government may still consider your conviction a felony.

Expunging a Wobbler Conviction

If you are convicted for a wobbler in California, you can file a petition to expunge the record. An expungement is a post-conviction relief that allows you to escape the disabilities that accompany a criminal conviction. In addition to the legal penalties you face after a conviction for a wobbler, a criminal conviction may have long-lasting effects on your ability to obtain a job or apply for a State license. When your conviction is expunged, you do not need to disclose it during a job application, and employers cannot use it against you.

The expungement relief is available for wobblers regardless of whether you were charged with a misdemeanor or a felony. However, you must meet the eligibility criteria, which includes:

  • Successful completion of probation. A California court will only accept your petition to expunge your conviction if you have completed your probation and met all the probation requirements. Also, it would be best if you had not served time in prison for the crime you are trying to expunge. However, it is crucial to understand that sex crimes against minors cannot be expunged. 

  • When you apply to expunge your wobbler conviction, you should not face charges or serve a sentence for another crime.

California Misdemeanor Infraction ‘Wobblette’

In California, minor offenses are considered infractions. An infraction is a non-criminal offense punishable by a fine, and you may not need to spend time behind bars. Infractions often attract a $250 fine, while a misdemeanor could attract a six-month jail sentence and a $1,000 fine. A Wobblette is an offense that can be charged as either a misdemeanor or an infraction. Wobblettes operate similarly to wobblers. Your charge can be reduced from a misdemeanor to an infraction by a prosecutor or the judge.

The most significant difference between a wobbler and a Wobblette is that a defendant must agree to reduce their charges to an infraction. This is because an individual charged with an infraction is not entitled to a trial before a jury. Most people opt for the infraction to avoid jail time. However, if you feel you have a better chance of winning the case, you can opt for the misdemeanor. Before you accept the offer to reduce your Wobblette to an infraction, you should consult your attorney.

Find a Los Angeles Criminal Defense Attorney Near Me

When you face an arrest for violating the law in California, you can be charged with a misdemeanor or a felony. Felonies are often severe and violent offenses, while misdemeanors are less serious crimes. In some cases, there is no clear cut-off where your crimes are to be classified. When you face charges for a wobbler offense, the prosecution may charge the crime as a felony or a misdemeanor.

The classification of a charge is a vital issue in any criminal case since it influences the penalties and consequences you face after a conviction. Given the discretion involved in charging wobbler offenses, it is crucial to seek the guidance of an attorney. At The LA Criminal Defense Law Firm, we will minimize the severity of the allegations and the penalties you face for your crimes. Call us today at 310-935-1675 if facing charges in Los Angeles, CA, to discuss more details of your case.