In California, a wobbler offense is a crime that can be charged as either a felony or a misdemeanor. The decision depends on the details of the case, the defendant’s criminal history, and how the prosecution and court handle the charges.
Wobbler offenses give the legal system more flexibility. A prosecutor may choose to file the offense as a misdemeanor in less serious cases. In other situations, the charge may start as a felony but be reduced later during sentencing or through a negotiated plea. Here are some key factors to consider.
How the charge is decided
Several factors can influence how a wobbler is charged. These include the severity of the alleged conduct, the presence of any injuries, whether a weapon was used and whether the person charged has prior convictions. Judges also have the power to reduce certain felony wobblers to misdemeanors after a preliminary hearing or at sentencing.
Examples of wobbler offenses in California
Wobblers appear in many areas of California criminal law. Some common examples include:
- Penal Code 273.5 – Inflicting injury on a spouse or cohabitant
- Penal Code 245(a)(1) – Assault with a deadly weapon
- Penal Code 422 – Making criminal threats
- Penal Code 243.4 – Sexual battery
- Penal Code 496 – Receiving stolen property
- Vehicle Code 23153 – DUI causing injury
- Penal Code 459 – Second-degree burglary
- Penal Code 487 – Grand theft
The difference between a felony and a misdemeanor can affect sentencing, future employment and eligibility for expungement. Wobblers allow for more individualized outcomes based on the facts of the case and the background of the person involved. To secure the best possible outcome in your case, it is advisable to seek legal guidance.