You may have heard the term “wobbler” used in relation to certain offenses in the state of California. If you have been charged with one of these crimes, understanding what the term means can make it easier to face the legal system. Learn more about wobbler offenses and why you need representation on your side from the start. 

Understanding Wobbler Offenses

Certain criminal offenses in California can be charged either as misdemeanors or felonies. They “wobble” between the two types of crime. The prosecutor will decide how to charge the offense based mainly on the severity of the circumstances.  However, just because an offense is charged as a felony does not mean you are destined to become a convicted felon. Your lawyer will argue to the judge and district attorney that the case should be reduced.  There are also ways your attorney can have a felony reduced to a misdemeanor post-conviction.

There are a number of charges in California that are wobblers. Some of these include:

• Sexual battery
• Vehicular manslaughter
• Statutory rape
• Carrying a loaded firearm in public
• Spousal battery
• Assault with a deadly weapon
• Child endangerment
• Stalking
• Forgery
• Burglary
• Lewd acts with a minor
• Making criminal threats
• Grand theft

A felony wobbler can be reduced to a misdemeanor at different stages of the criminal process. This can occur at the preliminary hearing, at the time of sentencing or, after the defendant has completed probation and filed a petition to reduce the charges. 

How the Prosecution Decides Between Felony and Misdemeanor Charges

There is no set standard that prosecutors must follow when making this decision. Typically, prosecutors will consider the severity of the circumstances, the age of the defendant and the strength of the case. 

Other factors that could be considered include a defendant's criminal record, and how high likely it is that the defendant will commit further crimes. 

If there are mitigating circumstances, the charges will be filed as a misdemeanor. Some common mitigators include the defendant:

• Playing a small role in the offense
• Making restitution to the victim
• Having no priors
• Using caution to avoid harming people or property
• Causing minimal injuries to others

How a Defense Lawyer Can Help

While the filing decision is up to the prosecution, a skilled criminal defense attorney can often get a felony reduced to a misdemeanor. One way is to negotiate with prosecutors for a reduction in charges.

Your lawyer should conduct a thorough investigation and present evidence to have the charges reduced or dismissed. Building a strong defense will demonstrate that the case against you is not as strong as the prosecutor thought it was. Thus, the likelihood of a conviction is slim. 

Your lawyer can also argue at your preliminary hearing that the judge should reduce the case to a misdemeanor.

Even if you are convicted of a felony, your attorney can file a motion to have the charges reduced if you meet certain requirements.

Skilled Legal Representation is Essential

If you've been charged with a wobbler, it's essential that you have legal counsel by your side from the start. The differences in punishment between misdemeanors and felonies are significant. If convicted of a felony, prison time is always a possibility.  With experienced and compassionate defense attorneys, you can fight for your rights and your freedom.