“Wobbler” Offenses in California
In California, the criminal justice system has a unique category of offenses known as “wobblers.” If you or someone you love has been charged with a crime, understanding whether it’s a wobbler can make a significant difference in the outcome of your case.
What Is a Wobbler Offense?
A wobbler is a criminal offense that can be charged either as a misdemeanor or a felony—hence the term “wobble.” The decision on how the charge is filed depends on several factors, including:
The circumstances of the offense
The defendant’s criminal history
The prosecutor’s discretion
In short, wobblers give prosecutors and judges flexibility in how a case is handled and sentenced.
Common Examples of Wobbler Offenses
Some of the most common wobbler offenses in California include:
Assault with a deadly weapon (Penal Code § 245)
Corporal injury to a spouse/cohabitant, i.e., domestic violence (Penal Code § 273.5)
Criminal threats (Penal Code § 422)
Forgery (Penal Code § 470)
Burglary (second degree)
DUI causing injury
Whether these are charged as felonies or misdemeanors can greatly affect the potential penalties.
Can a Felony Wobbler Be Reduced?
Yes. One of the most important features of a wobbler offense is that it may be reduced to a misdemeanor—even after conviction. This can happen in two ways:
At the time of sentencing, a judge can reduce a felony charge to a misdemeanor (under Penal Code § 17(b)).
Post-conviction, if probation is granted and successfully completed, you can petition the court to reduce the conviction to a misdemeanor.
This can open doors to record clearance (expungement) and restore certain civil rights.
How an Attorney Can Help
If you’re facing charges for a wobbler offense, having a skilled California criminal defense attorney on your side is essential. Your lawyer can:
Negotiate with the prosecutor for misdemeanor charges
Argue for reduction at sentencing
File motions to reduce a felony after conviction
Advocate for diversion programs or alternative sentencing
At every stage, a defense attorney can push for the best possible outcome based on your unique situation.
Final Thoughts
Wobbler offenses sit at the crossroads of serious legal consequences and possible second chances. If you’ve been arrested for a crime that may be a wobbler, don’t assume the worst—get informed and get help.
If you have questions about your case or want to know whether your charge qualifies as a wobbler, contact Davis W. Hewitt for a free consultation.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. If you have questions about your specific case, always consult with a qualified criminal defense attorney like Davis.
