Wobbler Offense in California — What You Need to Know

The complexities of the California legal system can be intimidating, especially when it comes to understanding the different classifications of crimes. A classification that often causes confusion is the “wobbler offense.”

In California, a wobbler is a unique type of crime that can be charged as either a misdemeanor or a felony, depending on the circumstances of the case and the discretion of the prosecuting attorney. This dual nature means that the potential penalties and long-term consequences can vary significantly.

What Constitutes a Wobbler? 

The designation of a wobbler typically applies to certain offenses outlined in California law, allowing for greater flexibility in how the prosecution and the court handle the case. Understanding these factors can help individuals facing charges better navigate the legal landscape surrounding wobbler offenses in California. It’s essential to consult with a knowledgeable attorney to explore the options and potential consequences of each charge type.

Key Factors of a Wobbler

• Statutory Definition — Wobbler offenses are specifically defined in California Penal Code sections. Common examples include assault, theft, and certain drug-related crimes. Depending on the circumstances, each can be charged as either a misdemeanor or a felony.
• Severity of the Crime — The specific circumstances surrounding the offense, including the defendant’s prior criminal history, the nature of the crime, and the impact on victims, can influence whether it is charged as a misdemeanor or felony. For instance, if the crime involved violence or resulted in significant harm, it may lean toward a felony charge.
• Prosecutorial Discretion — The prosecutor can decide how to charge the offense. They may file the charge as a misdemeanor to seek a more lenient sentence, or as a felony if they believe the circumstances warrant it.
• Judicial Consideration — In some cases, after a conviction, a judge may have the authority to reduce a felony wobbler to a misdemeanor, notably if the defendant demonstrates good behavior or if mitigating circumstances are present.

What Crimes are Considered Wobblers in California?

The specific circumstances of each case, including the defendant’s criminal history and the details of the offense, play a significant role in how the charge is ultimately classified. Always consult a legal professional for detailed guidance on specific situations involving wobbler offenses.

• Assault — Simple assault can be charged as a misdemeanor, while aggravated assault, which may involve the use of a weapon or causing serious injury, can be charged as a felony.
• Theft — Petty theft is typically a misdemeanor, but grand theft—stealing property valued over a certain amount—can be charged as a felony.
• Battery — Simple battery (causing minor injury or offensive contact) is a misdemeanor, while battery resulting in serious bodily injury can be charged as a felony.
• Drug Offenses — Certain drug possession offenses, like possession of controlled substances, can be wobblers, with potential charges ranging from misdemeanors to felonies based on factors like quantity and prior convictions.
• Burglary — Burglary can be charged as a wobbler. First-degree burglary (entering a residence intent on committing theft or another crime) is often considered a felony, while second-degree burglary (entering a commercial building) may be charged as a misdemeanor or felony.
• Driving Under the Influence (DUI) — A first-time DUI can be charged as a misdemeanor. Still, if there are aggravating factors, such as prior convictions or accidents, it can be elevated to a felony.
• Vandalism — Vandalism can be a wobbler, depending on the amount of damage caused. Minor damage is typically a misdemeanor, while significant damage can lead to felony charges.
• Domestic Violence — Certain domestic violence offenses can be charged as wobblers, with misdemeanor charges for less severe incidents and felony charges for more serious assaults.

How Are These Charges Determined?

In California, the determination of wobbler charges depends on several factors. 

The Circumstances of the Crime 

The circumstances surrounding the crime are significant. Factors such as the severity of the offense, whether it resulted in injury, the use of a weapon, or other aggravating factors can influence how the charge is filed. For example, a simple theft might be charged as a misdemeanor, while theft involving a significant value or prior convictions could lead to felony charges.

The Accused’s Criminal History 

A defendant’s prior criminal record can also impact the decision. Repeat offenders may face harsher charges, while first-time offenders might be given a chance to resolve the matter as a misdemeanor.

Prosecutorial Discretion

The prosecuting attorney has discretion in deciding how to charge the defendant. They consider the facts of the case, the defendant’s criminal history, and any relevant circumstances. A prosecutor may choose to file a wobbler charge as a misdemeanor if they believe the situation warrants leniency or if there are mitigating factors.

Judicial Consideration

After a conviction, judges can also have a say in the final classification. Depending on the case’s circumstances, a judge may be able to reduce a felony wobbler to a misdemeanor, especially if the defendant shows good behavior or rehabilitation efforts.

Legal Advice and Representation 

Consulting with a knowledgeable attorney is crucial for defendants facing wobbler charges. A skilled lawyer can provide guidance on how to approach the case, negotiate with prosecutors, and advocate for the best possible outcome.

Potential Consequences

Being charged with a wobbler offense in California can lead to a range of potential consequences, depending on whether the charge is a misdemeanor or a felony. The consequences can significantly impact various aspects of a person’s life, so it is crucial to understand the charges and seek appropriate legal guidance.

Criminal Record

If the crime is charged and convicted as a misdemeanor, it results in a criminal record that can impact future employment, housing, and various civil rights, but it might be easier to expunge. A felony conviction creates a more serious permanent record, which can significantly affect job prospects, professional licenses, and rights such as voting or firearm possession. 

Sentencing and Penalties

Misdemeanor charges typically involve a maximum of one year in county jail, fines up to $1,000, probation, community service, or mandatory programs. Felonies can lead to imprisonment in state prison for more than a year, higher fines, and potentially more severe terms of probation or parole. Felony convictions can carry longer sentences and harsher conditions. 

Rehabilitation Opportunities

Misdemeanors often provide more rehabilitation options, such as diversion programs or expungement, allowing individuals to move on without a lasting stigma. While there are options for rehabilitation with felony charges, such as applying for a reduction to a misdemeanor, it may be more challenging to navigate the legal system for relief. 

Legal Representation

The complexity of wobbler charges underscores the importance of having legal representation. An attorney can help negotiate charges, seek alternatives to incarceration, and advocate for a favorable outcome, potentially reducing a felony to a misdemeanor.

Need a Criminal Defense Attorney? Turn to Thompson Law for Reliable Legal Representation

If you’re facing criminal charges and need a trusted advocate to navigate the complexities of the legal system, look no further than Thompson Law. With a proven track record of successfully defending clients against a wide range of charges, our experienced team understands the nuances of California law, including wobbler offenses.

Contact us today for a consultation and take the first step toward securing the robust defense you deserve.