Wobbler Crimes Under California Law: Legal Guide

In California criminal law, a "wobbler" refers to an offense that can be charged as either a misdemeanor or a felony.

The prosecutor initially determines how to proceed with the case, which greatly affects the potential penalties, sentencing choices, and long-term consequences for the defendant.

Navigating a wobbler's charge demands strategic legal action.

This detailed guide explains how California wobblers work, the main differences between charges, the factors that influence prosecutorial decisions, and how an experienced Los Angeles criminal defense lawyer can help reduce your charges.

The Esfandi Law Group is available to assist you. Please schedule your complimentary consultation by contacting us at (310) 274-6529 or by utilizing the contact form.

Quick Reference Summary Chart: Misdemeanor vs. Felony vs. Wobblette

Feature / Consequence	Wobblette (Infraction / Misdemeanor)	Misdemeanor	Felony
Maximum Jail Time	Fines only (Infraction) or up to 6 months/1 year	Up to 1 year in county jail	16 months, 2 years, 3 years, or more in California State Prison
Statute of Limitations	1 Year	1 Year	3 Years (typically)
Gun Ownership Rights	No impact	Generally, no loss (unless violent/domestic offenses)	A lifetime ban on owning or possessing a firearm
Long-Term Impact	Minimal; no criminal record if infraction	Minor employment hurdles; usually eligible for expungement	High difficulty securing housing, employment, and professional licenses

What is a Wobbler Crime in California?

A wobbler is a crime that can be classified as either a misdemeanor or a felony. Prosecutors evaluate the details of the alleged offense and the defendant's history to determine the appropriate level of charges.

Felony Filing: It is more likely if you have a lengthy prior criminal record, if weapons were involved, or if there are aggravating circumstances.
Misdemeanor Filing: It is more likely if you have no previous criminal record, limited involvement, or mitigating factors that reduce your culpability.

The Role of the Court in Los Angeles County

In Los Angeles, the Los Angeles County District Attorney's Office evaluates all potential felony filings.

If prosecutors decide a case is more appropriate for misdemeanor charges, they transfer it to the Los Angeles County City Attorney's Office, responsible for local misdemeanor prosecutions.

Crucial Note: Even if a prosecutor charges a case as a felony, a judge in California has the independent power under Penal Code Section 17(b) to downgrade the felony to a misdemeanor at the preliminary hearing, during sentencing, or afterwards through a formal post-conviction petition.

Key Differences: Misdemeanor vs. Felony in California

Understanding the implications of a wobbler charge requires examining the legal distinctions among misdemeanors, felonies, and a smaller category called "wobblettes."

Misdemeanors

Sentencing: Carries a maximum sentence of up to one year in county jail.
Rights: No loss of firearm rights, except in specific cases such as certain domestic violence or assault convictions.
Statute of Limitations: Prosecutors are barred from filing charges if over a year has passed since the offense.

Felonies

Sentencing: May lead to substantial time served in California state prison.
Rights: Leads to a lifelong ban on firearm ownership or possession.
Collateral Consequences: Undermines employment opportunities, hinders housing access, and may lead to loss of professional licenses.
Statute of Limitations: Typically, prosecutors have up to three years to initiate formal charges.

What is a "Wobblette"?

A wobblette is a minor offense that can be classified as either a misdemeanor or a simple infraction. An infraction isn't considered a criminal conviction and typically results in a fine.

Examples include specific violations under the California Vehicle Code, such as exhibition of speed or driving with a suspended license.

Main Factors Prosecutors Consider in Wobbler Cases

Prosecutors, when exercising their discretion under California law, consider several key factors before deciding whether to file charges.

Strength of Evidence: The strength and thoroughness of the evidence collected against you.
Severity of the Crime: The particular circumstances, extent of harm caused, or the value of the stolen property.
Prior Criminal History: Details about any past convictions, including their age and nature.
Recidivism Risk: The chances that you will commit additional crimes.
Cooperation: Your overall interactions and cooperation with law enforcement officers.
Probation Eligibility: Whether you are legally qualified for a probationary sentence instead of jail time.

Related Laws: California Penal Code 17(b)

California Penal Code 17(b) PC is the key law regulating wobblers. It allows California judges to convert a felony wobbler into a misdemeanor. A judge can choose to do this if your defense attorney presents mitigating factors, such as:

Having no or very little previous criminal history.
Voluntary cooperation with courts and authorities.
A role that is minor or passive in the commission of the crime.
Demonstrated excellent performance and conduct during the probation period.
Complete payment of restitution to the victim.

Common California Wobbler Offenses

California law includes hundreds of wobbler offenses. Here are the most common wobbler charges filed in Los Angeles courts:

Penal Code 192(c) – Vehicular Manslaughter: Unlawfully or with gross negligence while driving, causing a person's death.
Penal Code 422 – Criminal Threats: Threatening someone with death or serious injury, leading to reasonable and sustained fear.
Penal Code 270 – Child Neglect: Failure of a parent to provide essential food, clothing, shelter, or medical care for a minor, classified as misdemeanor or felony.
Penal Code 271 – Child Endangerment: Intentionally subjecting a child to unnecessary pain, suffering, or risk.
Penal Code 273.5 – Corporal Injury to a Spouse: Causing bodily harm that leads to a traumatic condition in an intimate partner or cohabitant.
Penal Code 136.1 – Witness Intimidation: Deterring a witness or victim from reporting a crime or testifying in court.
Penal Code 646.9(a) – Stalking: Repeatedly engaging in follow-up, harassment, or making credible threats toward someone, leading them to fear for their safety.
Penal Code 243(c) – Battery on a Police Officer with Injury: Engaging in a deliberate and unlawful physical attack on a law enforcement officer while they are performing their official duties.
Penal Code 245(a)(1) – Assault with a Deadly Weapon: Using a deadly weapon (other than a firearm) or force likely to cause severe injury to attack or try to attack someone.
Penal Code 32 – Accessory After the Fact: Knowingly hiding, assisting, or covering for a principal felon after a crime to help them evade arrest or punishment.
Penal Code 186.10 – Money Laundering: Engaging in financial transactions with illegally obtained funds to hide their true nature, origin, or ownership.
Penal Code 496 – Receiving Stolen Property: Purchasing, accepting, hiding, or selling property knowingly acquired through theft or extortion.
Penal Code 503 – Embezzlement: Illegally taking property or funds that have been lawfully entrusted to you.
Penal Code 459 – Second-Degree Burglary: Entering a commercial building, locked vehicle, or business with the intent to commit grand theft, petty theft, or any other felony inside.
Penal Code 470 – Forgery: Falsifying, modifying, or forging a signature or legal document with the purpose of committing fraud.
Penal Code 487 – Grand Theft: Unlawfully taking someone else's property, money, or labor valued over $950.
Penal Code 243.4 – Sexual Battery: Touching another person's intimate area without their consent for sexual arousal, gratification, or abuse.
Penal Code 261.5 – Statutory Rape: Having consensual sexual intercourse with a person under 18 who is not the perpetrator's legal spouse.
Vehicle Code 23153 – DUI Causing Injury: Driving while intoxicated or under the influence of drugs, combined with committing an illegal act or neglecting a legal duty that results in bodily injury to another person.

Expungement Eligibility for Wobbler Convictions

If you are convicted of a wobbler, you might still qualify for a California criminal expungement.

An expungement involves setting aside the conviction, which enables you to legally indicate on most private job applications that you have not been convicted of a crime.

Eligibility Criteria:

You need to have completed your probation period successfully or received an early termination of probation.
You cannot get an expungement if your conviction was for a particular sex offense involving a minor.
You cannot get an expungement if you served time in a California state prison for the offense, which underscores the importance of preventing a felony filing.

Frequently Asked Questions (FAQs)

What is a wobbler crime in California?

A wobbler offense can be charged as either a misdemeanor or a felony, depending on prosecutorial discretion or judicial review.

How do I know if my case is filed as a misdemeanor or a felony?

Usually, you won't know the official status of your case until the prosecutor files charges and presents them at your arraignment.

Can a felony wobbler be reduced to a misdemeanor later?

Yes. According to California Penal Code 17(b), a defense attorney can request the court to downgrade a felony wobbler to a misdemeanor either during the case or after probation ends.

Can a prosecutor change a misdemeanor to a felony?

If new evidence comes to light or prior convictions are discovered before the statute of limitations runs out, a prosecutor can modify the charges to upgrade a misdemeanor to a felony wobbler.

How a Criminal Defense Strategy Saves Your Record

If you're under investigation or facing charges for a wobbler offense, timing is crucial. Our criminal defense attorney employs an effective pre-filing intervention approach.

This process includes proactively engaging with the District Attorney before formal charges are filed to provide mitigating evidence, clarify factual disputes, and advocate for either a misdemeanor filing or a dismissal.

Contact the Esfandi Law Group for Help

The Esfandi Law Group has decades of criminal defense experience serving clients across Southern California. We know how to counter the prosecution's evidence and craft persuasive arguments to help reduce your penalties.

Office Location: 2049 Century Park E, 2525, Los Angeles, CA 90067
Contact Number: (310) 274-6529
Service Area: Los Angeles County and all surrounding Southern California communities

Wobbler Crimes