A “wobbler” offense in California is a crime that can be charged as either a misdemeanor or a felony.
The prosecutor has discretion to decide how the case will be filed based on the facts, the seriousness of the offense, and the defendant's criminal history.
Because a felony conviction carries significantly harsher consequences than a misdemeanor, how a wobbler is charged can dramatically affect your future.
In Los Angeles and throughout California, wobbler offenses are common in theft, fraud, domestic violence, assault, and certain sex crime cases.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at Cron, Israels & Stark in Los Angeles.
To schedule a consultation, call (424) 372-3112 or use the contact form here.
Why Is It Called a Wobbler?
A wobbler “wobbles” between misdemeanor and felony classification.
The case may:
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Be filed as a misdemeanor from the beginning
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Be filed as a felony
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Be reduced later by a judge
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Be reduced after probation
In many cases, a judge also has the authority to reduce a felony wobbler to a misdemeanor under Penal Code 17(b).
Who Decides Whether a Wobbler Is a Felony or Misdemeanor?
Initially, the prosecutor decides how to file the case.
In Los Angeles County:
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Felony filings are reviewed by the District Attorney's Office
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Misdemeanor filings are handled by the City Attorney
The decision often depends on:
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Severity of the alleged conduct
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Amount of loss or injury
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Use of a weapon
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Victim vulnerability
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Defendant's prior criminal record
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Strength of the evidence
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Whether the defendant cooperated
If mitigating factors exist, your defense attorney may argue for misdemeanor filing instead of felony charges.
What Is the Difference Between a Misdemeanor and a Felony?
The difference is significant.
Misdemeanor Penalties
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Up to one year in county jail
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Fines and probation
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No state prison exposure
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Generally no permanent loss of civil rights
Felony Penalties
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State prison sentence
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Loss of certain civil rights
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Long-term impact on employment and housing
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Immigration consequences
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Firearm restrictions
Because the consequences are so different, early legal intervention in a wobbler case is critical.
Can a Wobbler Felony Be Reduced to a Misdemeanor?
Yes. Under Penal Code 17(b), a judge may reduce a felony wobbler to a misdemeanor in certain situations.
Reduction may occur:
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After the successful completion of probation
Judges typically consider mitigating factors such as:
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Clean prior record
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Minimal role in the offense
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Payment of restitution
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Compliance with probation
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Demonstrated rehabilitation
A successful 17(b) reduction can significantly improve background checks and employment prospects.
Common California Wobbler Offenses
Many California crimes qualify as wobblers. Examples include:
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Penal Code 487 – Grand Theft
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Penal Code 459 – Burglary
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Penal Code 422 – Criminal Threats
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Penal Code 245(a)(1) – Assault with a Deadly Weapon
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Penal Code 273.5 – Corporal Injury to Spouse
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Penal Code 496 – Receiving Stolen Property
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Penal Code 243.4 – Sexual Battery
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Penal Code 261.5 – Statutory Rape
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Vehicle Code 23153 – DUI Causing Injury
This list is not exhaustive. Many thefts, frauds, domestic violence, and white-collar offenses are wobblers.
What Is a “Wobblette”?
Some offenses are sometimes informally called “wobblettes.” These are crimes that can be charged as either:
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A misdemeanor, or
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An infraction
Infractions are not criminal convictions and typically carry only fines.
Certain Vehicle Code violations fall into this category.
Can a Wobbler Conviction Be Expunged?
In many cases, yes.
You may qualify for expungement if:
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You successfully completed probation
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You received early termination of probation
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You did not serve a state prison sentence (with limited exceptions)
Expungement can improve employment opportunities and reduce the long-term impact of a conviction.
However, certain offenses, including some sex crimes involving minors, are not eligible.
Frequently Asked Questions
Will I know immediately if my case is a felony or misdemeanor?
You typically will not know until formal charges are filed.
Can a prosecutor change the filing decision later?
In some cases, yes. Charges may be amended depending on negotiations or new evidence.
Does having no criminal record help?
Yes. A clean record is one of the strongest factors favoring misdemeanor filing.
Is it possible to avoid felony charges before filing?
Sometimes. A defense attorney may engage in pre-filing intervention to persuade the prosecutor to file a misdemeanor or decline filing.
Why Early Legal Representation Matters in Wobbler Cases
Because filing discretion plays a major role in wobbler offenses, early defense involvement can influence:
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Charging decisions
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Negotiations
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Sentencing outcomes
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Post-conviction reductions
Strategic advocacy can mean the difference between a felony record and a misdemeanor conviction.
Speak With a Los Angeles Criminal Defense Attorney
If you are facing a wobbler offense in Los Angeles or Southern California, it is critical to understand how your case may be charged and whether it can be reduced.
A felony conviction can have lifelong consequences. In many cases, skilled legal representation can make a meaningful difference in how the case is filed, negotiated, or reduced.
Consult with an experienced California criminal defense attorney to evaluate your options and protect your future.
The Los Angeles-based criminal defense attorneys at Cron, Israels & Stark are here to help.
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