In California’s legal system, wobbler offenses are unique crimes that can be charged either as a misdemeanor or a felony depending on the circumstances of the case and the defendant’s criminal history. The flexibility of wobbler offenses offers opportunities for defendants to avoid harsher penalties typically associated with felonies.
At KN Law Firm, based in Glendale, California, our skilled attorneys help clients navigate these complex legal cases, serving the broader Los Angeles area and surrounding cities. If you’re facing charges for a wobbler offense, call us at (888) 950-0011 for a free consultation. Our lawyers are available 24/7 to discuss your legal options.
What is a Wobbler Offense?
A wobbler is a criminal offense in California that can be prosecuted as either a misdemeanor or a felony. The decision to charge a crime as a felony or misdemeanor is typically made by the prosecutor, but a judge can also reduce felony charges to misdemeanors during sentencing.
Examples of Wobbler Offenses
Several common crimes in California are considered wobblers, including:
- Assault with a Deadly Weapon (Penal Code 245): This can be charged as a misdemeanor or felony depending on the severity of the assault and the weapon used.
- Domestic Violence (Penal Code 273.5): Depending on the injuries caused, domestic violence cases can result in either misdemeanor or felony charges.
- Grand Theft (Penal Code 487): If the stolen property is valued at more than $950, the crime is a wobbler and may result in either felony or misdemeanor charges.
- Forgery (Penal Code 470): Forgery is typically a wobbler when the total value involved is less than $950.
- Sexual Battery (Penal Code 243.4): Depending on the circumstances, this can be prosecuted as a felony or misdemeanor.
Factors Affecting Whether a Wobbler is Charged as a Felony or Misdemeanor
Several factors influence whether a wobbler offense will be charged as a felony or misdemeanor, including:
- Criminal History: A prior criminal record, especially involving felonies, can lead to harsher charges.
- Severity of the Crime: If the crime resulted in serious injuries or significant property damage, the prosecutor is more likely to charge it as a felony.
- Victim’s Input: In certain cases, the prosecutor may consider the victim’s opinion when deciding how to charge the offense.
Benefits of Reducing a Wobbler to a Misdemeanor
A reduction of charges from a felony to a misdemeanor can be life-changing for a defendant, offering several key benefits:
- Reduced Jail Time: Misdemeanor charges typically carry shorter sentences, often limited to one year in county jail, compared to longer sentences in state prison for felonies.
- Lower Fines: Misdemeanors usually involve smaller fines than felonies.
- No Loss of Rights: Felony convictions can result in the loss of rights, such as the right to vote or own firearms. A misdemeanor conviction avoids these consequences.
- Easier Expungement: Misdemeanor convictions are generally easier to expunge from a criminal record than felonies, improving future employment opportunities.
How to Get a Wobbler Reduced to a Misdemeanor
If you are charged with a wobbler, your attorney may be able to negotiate with the prosecutor to reduce the felony charge to a misdemeanor, or they may petition the court to reduce the charge during sentencing. In some cases, demonstrating remorse, participating in a rehabilitation program, or showing that the offense was an isolated incident can help persuade the judge to impose lesser charges.
FAQs About Wobbler Offenses in California
1. Can a felony wobbler be reduced to a misdemeanor after conviction?
Yes, under Penal Code 17(b), a felony wobbler conviction can be reduced to a misdemeanor if the defendant has successfully completed probation or has shown good behavior during sentencing. This reduction must be granted by the court.
2. What happens if my wobbler offense is charged as a misdemeanor?
If charged as a misdemeanor, you face lighter penalties, including shorter jail time and lower fines. Additionally, you retain important civil rights, such as the right to vote and own firearms.
3. Can a wobbler conviction affect my immigration status?
Yes, a felony conviction, especially for crimes involving moral turpitude or violence, can have serious immigration consequences, including deportation. Reducing a wobbler to a misdemeanor may help mitigate these risks, though it’s essential to consult an attorney experienced in both criminal and immigration law.
Why You Need an Experienced Attorney for a Wobbler Case
Navigating a wobbler offense case is complicated, and the stakes are high. A skilled attorney can negotiate on your behalf, potentially securing a lesser charge and helping you avoid the long-term consequences of a felony conviction. At KN Law Firm, we have a proven track record of reducing charges for our clients and ensuring they receive the best possible outcome.
Contact KN Law Firm for a Free Consultation
If you are facing charges for a wobbler offense in California, don’t leave your future to chance. Call KN Law Firm at (888) 950-0011 for a free consultation. Our experienced attorneys are available 24/7 to assist you and fight for your rights. Located in Glendale, California, we serve clients throughout Los Angeles and surrounding areas.
Let us help you navigate your legal case and protect your future.
