In criminal law, the term “wobbler” holds important implications for defendants. Understanding what a wobbler means is essential for dealing with the complexities of criminal defense cases. So, what is a Wobbler?
In California, a wobbler is a criminal offense that can be charged as either a misdemeanor or a felony. How they are charged depends on the specific circumstances of the case and the decision of the prosecuting attorney. Wobbler offenses are characterized by their flexibility in charging, as they allow prosecutors to pursue either misdemeanor or felony charges based on factors such as the defendant’s criminal history, the severity of the offense, and mitigating or aggravating circumstances.
Many offenses in California law are deemed as wobblers.
What this Means for Defendants
For defendants the distinction between misdemeanor and felony convictions can have significant consequences, including:
Penalties: Misdemeanor convictions typically carry less penalties overall than felony convictions, including shorter jail sentences, lower fines, and less severe collateral consequences.
Criminal Record: Felony convictions can have long-lasting implications for a defendant’s future, including limitations on employment opportunities, gun rights, and professional licenses.
Negotiation and Sentencing: Defense attorneys may negotiate with prosecutors to have wobbler charges reduced to misdemeanors through plea bargains or to argue for misdemeanor sentencing in court.
If a charge is a “Wobbler” it can have the capacity to possibly be reduced from a felony to a misdemeanor either during the case or even years after the case is over under certain circumstances. However, each charge should be carefully analyzed for its legal affects.
Defense Strategies
Defense attorneys play a crucial role in representing clients facing wobbler charges. Strategies may include many things, including negotiating plea agreements that result in misdemeanor convictions or reduced charges.
If you are facing criminal charges in Shasta County, Trinity County or Tehama County, give us a call today at 530-241-2734.
Mark Cibula is a third-generation local attorney in Redding, California, a former Mayor and Chairman of the Shasta County Board of Supervisors. He has over 29 years of experience as a criminal defense attorney and earned numerous awards. He has a B.A. from the University of California at Berkeley, an M.A. from the University of Southern California, and a J.D. from the McGeorge School of Law. His telephone number is 530-241-2734
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