Wobbler Offenses in California Criminal Law

Overview

A “wobbler” is a criminal offense in California that can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history. The term refers to how the charge can “wobble” between the two classifications.

Wobblers are some of the most strategically important charges in the criminal justice system—because they can often be reduced to misdemeanors, either at the outset, during plea negotiations, or at sentencing.

At Jones Trial Attorneys, we use every legal tool to push for misdemeanor reductions, dismissals, and record-cleaning relief whenever wobblers are involved.

Examples of Common Wobbler Offenses

• PC 245(a)(1) – Assault with a deadly weapon

• PC 273.5 – Domestic violence causing injury

• PC 470 – Forgery

• PC 484e – Theft of access card information

• HS 11350/11377 – Possession of a controlled substance (in some cases)

• VC 23153 – DUI causing injury

How a Wobbler Is Charged

The prosecutor has discretion to file the case as a misdemeanor or felony, based on:

• The seriousness of the conduct

• The defendant’s criminal history

• Presence of aggravating or mitigating factors

• Public safety concerns

Even if filed as a felony, a judge may reduce the charge at or before the preliminary hearing (PC 17(b)), or later as part of a negotiated plea.

Why Wobblers Matter

If your case is a wobbler:

• We may be able to negotiate it down to a misdemeanor

• You may be eligible for early record sealing or expungement

• You could avoid jail time, immigration consequences, or firearm prohibitions

Wobblers also allow judges discretion to grant probation, even on charges that could otherwise lead to prison time.

Reduction to a Misdemeanor – PC 17(b) Motion

If a wobbler is filed as a felony and the client completes probation, we can file a Penal Code 17(b) motion to have the charge reclassified as a misdemeanor. This is a powerful tool that can restore:

• Firearm rights (in certain cases)

• Immigration eligibility

• Employment and licensing prospects

• Overall reputation

How Jones Trial Attorneys Can Help

Our approach to wobbler cases is strategic from day one. Whether we’re fighting the charge at arraignment, filing a 17(b) motion at sentencing, or returning after probation to clean your record—we fight to make sure your case doesn’t wobble in the wrong direction.

💼 Free consultations

⚖️ Felony-to-misdemeanor reductions

📍 Based in San Diego, with deep knowledge of local courts and prosecutors

Facing a Wobbler Charge? Let’s Talk.

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.