The prosecutor's discretion in filing a case as either a misdemeanor or felony—commonly known as a “wobbler” is a crucial aspect of California's legal system. Their decision is influenced by various factors, including the specific circumstances of the case and the defendant's prior criminal record.
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 phrase “wobbler” is often used in criminal courts in Los Angeles with regard to penalties and sentencing on some crimes. It should be noted a judge could also decide to punish a wobbler as a misdemeanor crime, even in a situation where you were convicted of a felony wobbler crime. In some cases, you could even petition the court to reduce your felony conviction to a misdemeanor.
There are a wide range of crimes in California that qualify as a wobbler. For example, some theft crimes, fraud crimes, sex crimes, and domestic violence-related crimes.
In most situations, you will not know if your case has been filed as a misdemeanor or felony crime until the prosecutor formally 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 have been charged with a wobbler offense, you should contact our law firm. We will review the details of your case and work with you to plan a strategy for the best possible outcome. With our experienced legal team on your side, there is hope for a favorable resolution.
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 in our expertise to guide you through this challenging legal process.
What's the Difference Between a Misdemeanor and a Felony?
A prosecutor's decision on how to file a case is important as the difference between a misdemeanor or felony conviction is significant.
A felony conviction, which could result in state prison time and the loss of certain rights, can significantly impact your future. It can make it difficult to secure employment, find housing, and maintain professional licenses. This underscores the seriousness of a wobbler case and the need for a strong 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 like an exhibition of speed or driving on 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 the discretion on how to file a case as either a misdemeanor or felony on some 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 they are shown mitigating circumstances, 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 on probation, paying victim restitution, and other factors.
California has a lengthy list of wobbler offenses. The list below is NOT complete but 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 should be noted it might be possible to obtain an expungement for a wobbler conviction, which means it doesn't have to be listed on any job application, but to be eligible, you must have successfully completed probation, or were granted early probation of termination.
It should also be noted 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 the arguments for negotiating with the prosecutor or judge to achieve minimal penalties, such as filing your potential felony case as a misdemeanor or even a dismal case.
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 committed to helping you navigate the complexities of the legal system. Our office is located at 11755 Wilshire Blvd, 15th Floor, Los Angeles, CA 90025.
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