Understanding “Wobbler” Offenses In California Criminal Law

In this article, you can discover…

• How a “wobble” offense is defined under California law.
• Who decides whether a “wobbler” is charged as a misdemeanor or a felony.
• How early legal representation can help impact your case.

What Is A “Wobbler” Offense Under California Criminal Law?

A “wobbler” offense is an offense that can be charged as either a felony or a misdemeanor, hence “wobbling” between two very different legal and prosecutorial outcomes.

How Does A Wobbler Differ From A Straight Felony Charge?

With wobbler felony offenses, it may be possible for your attorney to negotiate down to charges that are below a felony.

For example, you may be able to plead “guilty” or “no contest” to criminal threats and, in exchange, face misdemeanor charges instead. This can mean the difference between two to five years of probation vs. only one year of probation. At that point, prison is taken off the table, as is formal probation.

Who Decides Whether A Wobbler Is Filed As A Misdemeanor Or Felony: Law Enforcement Or The Prosecutor?

The prosecutor decides whether a wobbler is filed as a misdemeanor or a felony. This is usually based on your prior record and the seriousness of the offense.

For example, if you are charged with making “criminal threats”, how this particular wobbler is filed can depend on how serious those threats were and the number of threats you made.

How Does Being Charged With A Felony Versus A Misdemeanor Wobbler Affect My Criminal Record And Future Opportunities?

If you are convicted of an offense, it is far better for your record and your future to be convicted of a misdemeanor rather than a felony. Felonies can seriously impact job prospects and even your immigration status. If you must choose between a misdemeanor or a felony conviction, you would certainly want a misdemeanor, as the consequences are not as far-reaching or severe.

Should you violate probation after a misdemeanor conviction, you’ll be facing time in a county jail at most. But should you violate parole after a felony conviction, you could be facing time in state prison. The differences are significant, making a misdemeanor conviction considerably more preferable and less harmful to your future, record, and prospects overall.

Why Is Early Legal Representation So Important In California Wobbler Cases?

When you’re facing wobbler charges, you will not be able to get those charges reduced to a misdemeanor on your own. You may not even get those results with a public defender or appointed counsel. The attorney who represents you needs to be able to show the prosecutor why it is ok to reduce the charge. Sometimes this may be obvious; other times, it may be less so. In each case, the earlier you get experienced criminal defense counsel, the more opportunities for lessened charges you will have.

For instance, prior to arraignment, I can have a prefiling conference with the prosecutor to pitch my case and ask if there are any ways to avoid filing a case, and, if not, could we file the case as a misdemeanor rather than a felony. This can make a huge difference and significantly change outcomes for the better.

Something like this happened very recently. My client was facing felony domestic violence charges. After I met with the prosecutor, I was able to convince them to file the case as a misdemeanor, which made a huge difference. For one, instead of my client having to post bail, he was able to get out of custody on his own recognisance.

Still Have Questions? Ready To Get Started?

For more information on California wobbler offenses, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 209-4804 today.