The prosecutor plays a crucial role in the California legal system, determining whether a case is classified as a misdemeanor or a felony, commonly referred to as a “wobbler.” Their decision is influenced by various factors, including the specific details of the case and the defendant's criminal history.
For instance, if you have a lengthy record of crimes, you are much more likely to file the wobbler case as a felony. If you have no criminal record and there are mitigating factors that limit your culpability, they are much more likely to file the wobbler case as a misdemeanor.
The term “wobbler” is frequently used in Los Angeles criminal courts to describe penalties and sentencing for certain crimes. It's important to note that a judge has the discretion to treat a wobbler as a misdemeanor, even if it was initially filed as a felony. In some instances, you can even petition the court to reduce your felony conviction to a misdemeanor.
There is a wide range of crimes in California that qualify as wobblers. For example, some theft crimes, fraud crimes, sex crimes, and domestic violence-related crimes.
In most instances, you won't be aware of the severity of your case, whether it's a misdemeanor or felony, until the prosecutor officially files charges.
The Los Angeles County District Attorney's Office reviews all possible filings for a felony case.
If they determine the case is better suited for a misdemeanor filing, they will send it to the Los Angeles County City Attorney's Office, which handles all misdemeanor cases.
If you're facing a wobbler offense, reaching out to our law firm is a crucial step. We'll thoroughly review your case and work with you to devise a strategy for the best possible result. With our seasoned legal team by your side, there's a real chance for a positive resolution, giving you hope in this challenging situation.
Our Los Angeles criminal defense lawyers, with their extensive experience and knowledge, are providing an overview below to help readers better understand wobbler crimes and the impact of penalties and sentencing. You can trust our expertise to guide you through this challenging legal process, providing you with a sense of reassurance and security in the face of uncertainty.
What's the Difference Between a Misdemeanor and a Felony?
A prosecutor's decision on how to file a case is crucial, as the difference between a misdemeanor and a felony conviction is significant.
A felony conviction, which could lead to state prison time and the loss of certain rights, can significantly affect your future. It can make it challenging to secure employment, find housing, and maintain professional licenses. This highlights the gravity of a wobbler case and the necessity for a robust defense.
A misdemeanor conviction carries a maximum sentence of up to one year in a county jail, but gun rights are not lost.
Some crimes are also known as “wobblette,” meaning they can be charged as either a misdemeanor or a simple infraction, which is not a criminal conviction. For example, California Vehicle Code violations include exhibiting excessive speed or driving with a suspended driver's license.
Also, most misdemeanor crimes in California have a one-year statute of limitations – meaning it prohibits a prosecutor from filing charges against you after one year has passed. For a felony case, the statute of limitations is three years.
What are the Main Factors Considered by a Prosecutor?
As stated, the prosecutor has discretion in determining whether to file a case as a misdemeanor or felony for certain California crimes. In most cases, a prosecutor will base their decision on a wide range of main factors:
- Strength of evidence in the case against you
- Specific circumstances and severity of your crime
- Age and prior criminal history
- Possibility of further criminal conduct
- Cooperation with law enforcement
- Probation eligibility
If the details of your case are severe, and you have a prior record, it's safe to assume your case will be filed as a felony. There are situations where our criminal defense attorneys might be able to make a reasonable argument to the prosecutor that your conduct doesn't warrant a felony filing.
We could also utilize a pre-filing intervention strategy, which involves negotiating with the prosecutor to avoid formal charges being filed.
California Penal Code 17(b) provides a potential avenue for reducing a wobbler felony to a misdemeanor. This decision is typically made at the preliminary hearing, sentencing, or after your lawyer files a PC 17(b) petition. It's important to note that a judge can only make this reduction if they are presented with mitigating circumstances.
Again, a judge can reduce a wobbler felony to a misdemeanor if mitigating circumstances are shown, which are factors that allow a judge to be lenient. These factors include a clean record, voluntary cooperation, a minimal role in the crime, good behavior during probation, payment of victim restitution, and other relevant considerations.
California has a lengthy list of wobbler offenses. The list below is not comprehensive, but it includes the most common wobbler charges.
Common California “Wobbler” Offenses
- Penal Code 192(c) – Vehicular Manslaughter
- Penal Code 422 – Criminal Threats
- Penal Code 270 – Child Neglect
- Penal Code 271 – Child Endangerment
- Penal Code 273.5 – Corporal Injury to Spouse
- Penal Code 136.1 – Witness Intimidation
- Penal Code 646.9(a) – Stalking
- Penal Code 243(c) – Battery on Police with Injury
- Penal Code 245(a)(1) – Assault with Deadly Weapon
- Penal Code 32 – Accessory After the Fact
- Penal Code 186.10 – Money Laundering
- Penal Code 496 – Receiving Stolen Property
- Penal Code 503 – Embezzlement
- Penal Code 459 – Burglary
- Penal Code 470 – Forgery
- Penal Code 487 – Grand Theft
- Penal Code 243.4 – Sexual Battery
- Penal Code 261.5 – Statutory Rape
- Vehicle Code 23153 – DUI Causing Injury
It is worth noting that it may be possible to obtain an expungement for a wobbler conviction, which means it doesn't have to be listed on any job application. However, to be eligible, you must have successfully completed probation or been granted early probation or termination.
It should also be noted that you won't be eligible for expungement if you were convicted of a sex crime against a minor or if you served time in a state prison in California.
Contact Our Defense Lawyers for Help
If you are charged with a wobbler crime, our criminal defense attorneys are well-versed in arguing for a negotiated outcome with the prosecutor or judge to achieve minimal penalties, such as downgrading your potential felony case to a misdemeanor or even a lesser charge. With our expertise and dedication, we strive to secure the best possible outcome for you, leaving you with a sense of hope and optimism for your future.
As explained above, there is a significant difference between a misdemeanor and a felony case. Cron, Israels & Stark is a criminal defense law firm with decades of experience serving clients throughout Southern California. We are dedicated to assisting you in navigating the complexities of the legal system. Our office is located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.
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