In California’s legal system, the term “wobbler” refers to a unique classification of crimes that can be prosecuted either as a felony or a misdemeanor, depending on the circumstances of the case and the discretion of the prosecutor or judge. This flexibility in charging and sentencing makes wobblers an important concept for anyone involved in the criminal justice system to understand—whether you’re facing charges, supporting a loved one, or simply trying to be informed.
In this guide, we’ll cover:
The definition of a wobbler
Common examples of wobbler offenses
Factors that influence how a wobbler is charged
The role of judges and prosecutors in wobbler cases
How felony wobblers can be reduced to misdemeanors
The implications for criminal records and future opportunities
Frequently asked questions about California wobblers
What Does “Wobbler” Mean in California Law?
In simple terms, a wobbler is a crime that “wobbles” between being charged as a felony or a misdemeanor. This distinction can significantly affect the penalties a person might face, including jail time, fines, and long-term consequences like loss of civil rights or difficulty finding employment.
The concept is unique to certain states like California and gives legal authorities greater discretion to tailor the punishment to the specific facts of a case and the defendant’s background.
California Penal Code § 17(b) provides the statutory authority for how a wobbler can be reclassified from a felony to a misdemeanor. The court can reduce a felony wobbler to a misdemeanor at various stages, including:
At the time of charging by the prosecutor
At the preliminary hearing by a judge
During sentencing
After the person has completed felony probation
Examples of Wobbler Offenses
Many criminal offenses in California are classified as wobblers. Below are some of the most common examples:
| Offense | Penal Code | Description |
|---|---|---|
| Assault with a Deadly Weapon | PC 245(a)(1) | Using a weapon or force likely to produce great bodily injury |
| Forgery | PC 470 | Falsifying documents or signatures with intent to defraud |
| Grand Theft | PC 487 | Theft of property valued over $950 |
| Child Abuse | PC 273a | Causing or permitting injury or endangerment to a child |
| Criminal Threats | PC 422 | Threatening serious harm with intent to instill fear |
| Burglary (Second Degree) | PC 459 | Unlawfully entering a structure with intent to commit theft or a felony |
These crimes can result in different levels of punishment depending on whether they are charged as felonies or misdemeanors.
Felony vs. Misdemeanor: What’s the Difference?
Understanding the distinction is key to grasping the significance of a wobbler.
Misdemeanor:
Maximum sentence of 1 year in county jail
Smaller fines (usually under $1,000)
Often eligible for probation or diversion programs
Less damaging to employment, housing, and civil rights
Felony:
Sentence can range from 16 months to several years in state prison
Larger fines and more significant restitution
May involve parole or formal probation
Can affect voting rights, ability to own firearms, and professional licenses
The impact of how a crime is charged can be life-altering. That’s why wobblers are so critical to understand—they offer a legal pathway to reduced consequences under the right conditions.
How Do Prosecutors Decide How to Charge a Wobbler?
Prosecutors have broad discretion when initially deciding whether to charge a wobbler as a felony or misdemeanor. They typically evaluate several factors:
Severity of the offense
Presence of aggravating or mitigating circumstances
Criminal history of the defendant
The victim’s age or vulnerability
Likelihood of rehabilitation
Strength of evidence
For instance, if someone is arrested for assault with a deadly weapon but no serious injuries occurred and the defendant has no prior record, the prosecutor might choose to charge it as a misdemeanor.
Can a Wobbler Felony Be Reduced to a Misdemeanor?
Yes. California law allows for felony wobblers to be reduced to misdemeanors at various stages of the legal process. Here’s how that can happen:
1. At Filing
The district attorney may file the charge as a misdemeanor from the outset based on the facts.
2. During Preliminary Hearing
A judge may reduce the charge after reviewing evidence, especially if it appears the felony designation is not warranted.
3. At Sentencing
After conviction or a plea deal, a judge can reduce the charge if they believe justice is better served by a lesser offense.
4. Post-Conviction (PC § 17(b) Motion)
If a person was convicted of a felony wobbler and granted probation (without serving state prison time), they may file a motion under Penal Code § 17(b) to have the offense reduced to a misdemeanor after completing probation.
Why Is It Important to Reduce a Felony?
Reducing a felony to a misdemeanor can have long-term benefits:
Employment opportunities: Many employers do background checks. A misdemeanor is less likely to disqualify you.
Restoration of rights: A felony can affect your ability to vote, possess firearms, or hold professional licenses. A reduction can restore these rights.
Immigration consequences: Felonies can lead to deportation or other immigration penalties. A misdemeanor may lessen the risk.
Personal reputation: The stigma of a felony conviction can affect your social and professional relationships.
Can Wobblers Be Expunged?
Yes. If the offense is reduced to a misdemeanor and you successfully complete your sentence or probation, you may qualify for expungement under Penal Code § 1203.4. This does not completely erase the record, but it allows you to legally answer “no” when asked if you’ve been convicted of a crime (in most employment situations).
Wobblettes: A Related Concept
There is another legal term often mentioned in the same breath as wobblers: wobblettes.
A wobblette is an offense that can be charged as either a misdemeanor or an infraction (which is not considered a crime and carries no jail time). These are less serious than wobblers but still offer the court flexibility.
Example: Petty Theft (PC 490.1) can be charged as a misdemeanor or an infraction if the value is low and it’s a first-time offense.
Frequently Asked Questions (FAQs)
Q: Is a wobbler the same thing as a felony?
No. A wobbler is a crime that can be either a felony or a misdemeanor. It’s not inherently either—it depends on how it’s charged.
Q: Can a felony conviction be reduced years later?
Yes, under Penal Code § 17(b), you may petition the court after completing probation successfully.
Q: Will reducing a felony to a misdemeanor restore gun rights?
Possibly. In some cases, yes, but not always—especially if the original crime was considered a “violent” offense or involved a firearm. You should consult a criminal defense attorney to review your specific case.
Q: How can I find out if a charge is a wobbler?
You can look up the specific Penal Code section or speak to a qualified attorney. Many wobblers are clearly labeled in legal references and criminal law guides.
Conclusion
The concept of a wobbler crime in California introduces a level of flexibility that can be both a challenge and an opportunity in the criminal justice process. Whether you’re a defendant, a family member, or simply researching your rights, knowing how wobblers work can be crucial in determining your legal strategy and future options.
If you or someone you know is facing a charge, it’s important to consult with a knowledgeable California criminal defense attorney to understand your rights and explore the possibility of reduced charges or post-conviction relief.
At Southwest Legal, we have extensive experience handling wobbler cases across Southern California, helping clients reduce charges, avoid jail time, and protect their records. Whether you’ve been charged with a felony or are seeking to downgrade a past conviction, our legal team is here to advocate for your best outcome.
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