Misdemeanors and felonies are the two main types of crimes in California. While a misdemeanor conviction is punishable by jail time and thousands of dollars in fines, a felony conviction carries a lengthy prison sentence and fines worth tens of thousands of dollars.
Clearly, misdemeanors are less serious than felony offenses. However, there are some crimes that can be either charged as a misdemeanor or a felony, which are known as “wobblers.”
The following are some of the most common wobbler offenses in California:
Burglary
Grand theft
Forgery
Carrying a loaded gun in public
Making criminal threats
Vehicular manslaughter
Assault with a deadly weapon
Stalking
Spousal battery
Sexual battery
Statutory rape
Lewd acts with a minor
Child endangerment
Ultimately, prosecutors have the authority to reduce a wobbler offense to a misdemeanor. They can do so when the defendant is charged, during a felony preliminary hearing, during sentencing, and after the defendant completes probation – so long as he/she was not sentenced to imprisonment.
The prosecutors will determine whether to reduce a felony to a misdemeanor based on the standards set forth by the California District Attorneys Association (CDAA):
The strength of the prosecutor’s case
The defendant’s criminal history
The seriousness of the offense
The defendant’s age
Whether the defendant cooperated with the investigation
Whether the defendant is eligible for parole
Whether the defendant will be a repeat offender
In addition, there are also “wobblette” offenses in California. These are crimes that can be punished as either a misdemeanor or an infraction.
Common types of wobblette offenses include:
Driving with a revoked or suspended license
Driving without a license
Failure to appear in traffic court
Exhibition of speed
Criminal trespass
Disturbing the peace
An infraction carries a maximum fine of $250 and no jail time. The prosecutor can reduce a wobblette to an infraction at the time of charging or a judge can do so during sentencing.
If you have been arrested in Santa Barbara, call Appel & Morse at (805) 467-6060 or fill out our online contact form today to schedule a free initial consultation. More than 40 years of combined trial-tested experience!