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January 1, 2024

What Is a Wobbler Charge in California?

The weight of a criminal charge can feel crushing, but it’s even more anxiety-producing when you don’t know if the State is charging you with a misdemeanor or felony. A wobbler charge in California puts you in this precarious position. The prosecution’s decision to charge you with a misdemeanor or felony could shape your future and determine whether you face minor consequences or years behind bars. But what is a wobbler? Understanding what this means and how it impacts your case is your first step toward taking control of your future.

What Is a Wobbler Offense in California?

A wobbler offense is a crime that the State has the discretion to charge as either a misdemeanor or a felony. How they charge you will depend on the circumstances of the case and your criminal history. In some cases, a judge can later reduce a felony wobbler to a misdemeanor.

This flexibility in charging means that two people accused of the same crime may face very different consequences. 

Legal Foundation for Wobbler Offenses

California law grants prosecutors and judges discretion when handling wobbler offenses. While no single statute defines all wobblers, various provisions within the California Penal Code classify specific crimes as wobblers. This flexibility allows legal authorities to consider the unique details of each case before determining the severity of the charge.

Prosecutorial Discretion

The prosecutor holds significant power in deciding whether to charge a wobbler offense as a misdemeanor or felony. This decision typically depends on:

• The gravity of the offense, including whether it involved violence, weapons, or significant harm;
• Your criminal record, with prior felony convictions, increases the likelihood of a felony charge;
• Case-specific circumstances include whether you played a minor or significant role in the offense;
• Prosecutors may consider factors beyond the strict legal elements of the crime, like the impact on the victim and the community, in the interest of justice;
• Mitigating circumstances, such as your cooperation, remorse, or lack of prior offenses, may persuade a prosecutor to file the case as a misdemeanor; and
• Aggravating circumstances, such as the use of a weapon, great violence, or the infliction of serious bodily harm, may persuade the prosecutor to file the case as a felony. 

Since prosecutors have broad discretion, strong legal advocacy can influence how charges are filed early on. An experienced defense attorney can present mitigating factors that may encourage a misdemeanor filing instead of a felony.

Judicial Discretion

Even if a prosecutor initially files your case as a felony, a judge has the authority to reduce it to a misdemeanor. This can happen at various stages, including:

• During sentencing, a judge may lessen the charge if you demonstrate good character, remorse, or extenuating circumstances; and
• After a conviction, certain felony convictions can be downgraded to misdemeanors under Penal Code § 17(b), reducing long-term legal consequences.

This judicial flexibility allows defendants to avoid the harsher penalties associated with felony convictions.

Additionally, the prosecutor may consider potential plea deals or agreements. Ultimately, the decision to charge as a misdemeanor or felony rests on a combination of these factors and the prosecutor’s discretion.

Wobbler Offense Example

Several offenses fall under the category of wobblers in California. Examples of common wobbler offenses include:

• Assault with a Deadly Weapon. This crime can be charged as a misdemeanor, which carries up to one year in county jail, or as a felony, leading to up to four years in state prison. How the prosecutor charges you depends largely on the circumstances of the case.
• Domestic Violence (Corporal Injury to a Spouse or Cohabitant). A misdemeanor conviction may result in up to one year in jail, while a felony charge can lead to up to four years in state prison.
• Grand Theft. If the property value exceeds $950, the prosecutor can charge you with grand theft as either a misdemeanor or felony, with penalties ranging from one year in county jail to three years in prison.
• Forgery. Depending on the amount of money involved and the circumstances, this crime could be a misdemeanor or a felony.
• Drug Possession for Sale. While simple possession is often a misdemeanor, possession for sale can be a wobbler.

It is vital to seek legal counsel if facing any of these charges to understand the potential consequences and options for defense.

Reducing a Felony Wobbler to a Misdemeanor

If you are convicted of a felony wobbler, you may still be able to reduce it to a misdemeanor. This can happen:

• At sentencing, if the judge decides that a felony is too harsh given the circumstances;
• Through a post-conviction motion, such as a Penal Code 17(b) motion, that allows a felony conviction to be reduced to a misdemeanor under certain conditions; and
• After completing probation, in some cases, if the court determines that a reduction best serves justice.

Reducing a felony to a misdemeanor can have significant benefits, including restoring certain rights (such as firearm ownership in some cases) and improving employment opportunities.

Why Having the Right Defense Matters in a Wobbler Case

Because wobbler offenses offer flexibility in how the State charges you, having an experienced attorney can make a significant difference in the outcome of your case. A skilled defense lawyer can:

• Present compelling arguments to persuade the prosecutor to file the case as a misdemeanor instead of a felony;
• Advocate for a felony reduction at sentencing or post-conviction; and
• Build a strong defense to challenge the prosecution’s case and potentially get charges dismissed or reduced.

With the proper defense, you may avoid the harsh consequences of a felony conviction. A skilled attorney can help protect your rights and ensure that you receive fair treatment throughout the legal process.

Don’t Base Your Future on the Flip of a Coin. Let’s Build Your Defense

A wobbler charge is daunting, but you don’t have to face it alone. The early decisions made in a California wobbler case can have a major impact on the result, so it is crucial to seek legal counsel immediately if you or someone you know is facing this type of charge.

At the Law Offices of Jennifer R. Solomon, we understand the stress you’re under. We’ll thoroughly investigate your case, fight for the best possible outcome, and be your advocate every step of the way. Schedule your free 15-minute consultation today—let’s discuss how we can protect your future.

Resources:

• California “Wobblers”:  How to Determine Whether a Prior California Conviction Was a Felony or a Misdemeanor. Federal Defenders Office. link
• Rule 4.423. Circumstances in mitigation. California Rules of the Court (2025), link
• Cal. Penal Code Section 245, link
• Cal. Penal Code Section 1203.4, link
• Record cleaning: Felony convictions and Proposition 47. California Courts, link
• Wobblers. San Diego Sheriff’s Department, link