In California, certain crimes are known as “wobbler” offenses. That’s because they can be charged as either misdemeanors or felonies depending on a number of circumstances.
If a person is convicted or pleads guilty, there’s a big difference between having a misdemeanor on their record and having a felony conviction. While laws are changing to help lessen the potential long-term consequences of a felony for those who have served their time and are trying to rebuild their lives, a felony conviction can still haunt a person longer than a misdemeanor might. Further, in the nearer term, a felony conviction typically means more time behind bars, higher bail (or no bail allowed).
What kind of offenses are wobblers?
Burglary and other theft offenses can be wobblers, based on the value of the items allegedly stolen and if a weapon was used. So can some types of assault charges, based on a number of factors, including the identity of the victim. If they were a “vulnerable” person, like a senior, disabled person or child, that can put the offense into the felony category.
While the term “wobbler offense” isn’t included in California law, the law does address the discretion given to the court to determine whether an offense is a misdemeanor or felony. It states in part, “When the court determines, prior to trial, either on its own motion or the motion of a party, that the offense is a misdemeanor… the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.”
In addition to the specific circumstances of the alleged offense, judges can also consider a defendant’s criminal history, their intention, their mental capacity, whether they’ve been cooperative and more.
The law offers various degrees of flexibility in charging and sentencing, depending on the type of offense at issue. However, it’s always valuable for Californians to have sound legal guidance when facing a criminal charge to protect their rights, understand their options and make the strongest possible case in defense of their circumstances.