What Is a Wobbler Offense?
There is a new law in California to help you reduce your felony to a misdemeanor. This only applies to felony offenses that are considered to be wobblers. This term is actually the term that is used by judges and attorneys throughout California in referring to offenses that can be considered a felony or a misdemeanor, depending on the facts and circumstances involved in a case.
Understanding Penal Code Section 17 and the New Amendment
Since the enactment of Penal Code (PC) section 17 in the year 1872, this section of the law has been the source that describes which crimes should be classified as a felony and which should be considered a misdemeanor. This law previously said that if a felony was charged at arraignment, then the only opportunity that a defendant had to ask a judge to use his or her discretion to reduce the charge to a misdemeanor was at the preliminary hearing which all felonies must go through before a trial is scheduled. Of course, sometimes neither side would have all of the facts to be able to present to judge to address degree of injury or amount of loss which a judge could then consider in deciding whether an offense rises to the level of a felony or not. Because of an amendment to PC 17 which went into effect in January of 2026, a judge now has the discretion to consider the facts of an offense at anytime before trial. The preliminary hearing is not the last opportunity the defense has to bring the motion before the court to ask that the offense be reduced to a misdemeanor.
What Makes a Crime a Felony or a Misdemeanor?
You should understand that some crimes are classified as felonies and some are classified as misdemeanors by the law and there is no question that they are one or the other. But the crimes that are wobblers and can be either a felony or a misdemeanor are the ones that we speak to you about here. What are the factors or circumstances that make them one or the other?
Generally, it is the seriousness of facts and circumstance of that crime that is the deciding factor. Crimes that are usually wobblers are various assault crimes, theft or property crimes, domestic violence offenses, drug and weapon offenses, fraud and financial crimes and some vehicle related offenses. So, if an assault was particularly brutal and someone was hurt badly, it will probably be a felony. If the domestic violence between two people involved no more than a push or slap that did not result in any bruising or bleeding, it will most likely be considered a misdemeanor. Remember, each offense depends on its own set of facts and resulting injury in determining if it should be a felony or a misdemeanor offense. Don’t make the mistake of comparing your charge to someone else’s that seems similar, because it may be different in some significant way that is not easily apparent to you.
A Real Case Example: How We Got a Felony Reduced
Recently we handled the defense of a driving under the influence (DUI) case that involved a traffic accident where the passenger in our client’s vehicle was injured in the collision with a light pole. The district attorney initially charged the case as a felony because all they saw was the level of alcohol in our client’s blood system (.08) and the fact that the passenger was taken to the hospital after the accident. They did not consider that the .08 blood alcohol reading was three hours after the accident, and that our client had taken two shots of hard liquor just before the accident occurred, and that the injury to the passenger was a small bruise to his leg that was quickly treated at the hospital, and he was released without anything more than some aspirin to take if he wanted to ease whatever pain there was. The facts of the rising blood alcohol of our client and the medical records of the alleged minor injury were not available to us until after the preliminary examination. When we did have this evidence in our possession, we made a motion to the court that the charge be reduced to a misdemeanor, and it was.
Call Us About Your Felony Charge
We know how to handle these serious matters, and we have been doing so for a collective 68 years. If you have any question about your felony charge, call or text us anytime, day or night, and we will give you the benefit of our experience and expertise.
Call (760) 345-4777 or Text (760-898-0207) for a free consultation to discuss what your legal rights are and possible defenses in your case.
The post New Law in California to Help You Reduce Your Felony to a Misdemeanor appeared first on Jimenez Law Offices – Palm Desert Defense Attorney / Palm Springs DUI Attorney.