In California, certain offenses are considered a “wobbler.” This simply means that there are criminal code sections which make it possible for a prosecutor to charge and individual with an infraction or misdemeanor offense, or a misdemeanor or felony offense. A felony charge is the most serious, incurring the harshest penalties for those convicted. If your charge is under a wobbler, could it be good news? We’ll discuss it below.
How does a prosecutor determine whether to charge the client with a misdemeanor or felony?
In wobbler cases, the prosecutor will determine whether to charge you with a misdemeanor or felony based on your criminal history, the specific details in your case, and other factors. For example, if the crime is considered violent or severe, it’s likely the prosecutor will feel the crime deserves harsh punishment. However, if it is a first offense and mitigating facts exist that would eliminate or lessen your responsibility in the crime, he/she may decide to charge you with a misdemeanor.