The more serious the crime, the more likely it is to be a felony. One reason the prosecution often files wobblers as felonies is that it provides a “bargaining tool” to … Quite a few criminal offenses are considered wobblers in California. It’s important to note that these circumstances don’t necessarily mean the charges will be dropped or even that they will definitely reduce a sentence. However, some crimes are affected by these circumstances. Posted on March 10, 2017. The first, most obvious is if anyone is injured or killed as a result of the DUI, which could result in charges of negligent vehicular manslaughter while intoxicated, gross vehicular manslaughter while intoxicated, or second-degree murder. Call: 310-274-6529 These can be points regarding the defendant’s character or specific points about the way the crime was carried out that may indicate it wasn’t as malicious as other more severe crimes. Execution or imprisonment in state prison or 16 months or more in county jail. A “wobbler” is a criminal offense which allows the prosecutor discretion in choosing to charge the crime as a misdemeanor or felony. That statute provides that an assault with such a weapon (other than a gun) can be punished by either prison time of two, three, or four years, or up to 364 days in jail. A felony is a crime that is generally punishable by _____ or _____. Georgia does not classify crimes in the same way that some states do. Multiple victims can add an additional year in prison for each victim – up to three. A “wobbler” might sound like a name for an unsteady toddler or over-intoxicated adult, but it’s actually a term used in the legal industry to describe certain types of crimes. There are also less serious wobblers that may be filed as an infraction or a … Consider, for example, California’s statute regarding assault with a deadly weapon. In criminal law, the term corpus delicti most generally means? Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. A person’s criminal history may be a deciding factor in the prosecutor’s decision. - Death - Imprisonment. CA Vehicle Code (CVC) 20001, Accidents and Accident Reports, makes leaving the scene of an accident with injuries a felony offense. In criminal law, a “wobbler” refers to a crime that can be punished as either a felony or a misdemeanor. California’s sexual battery law is a wobbler crime covered by California Penal Code Section 243.4, which gives several scenarios for cases of sexual assault. Following is an overview of several crimes that are considered wobbler crimes in California and how the charge is determined there. Crimes that tend to be more violent in nature often won’t be wobbler crimes, but rather will always be charged as a felony. For consecutive DUI charges, it’s still a misdemeanor, although it’s likely that the charges will be a bit more severe than the prior convictions. Some of these rights include the right to vote, to own a gun, have parental custody, and to work in certain fields of employment. The misdemeanor is punishable by up to a year in jail and possibly a fine of up to $2,000. If you have been charged with a crime in Ventura County, CA, request a free consultation with our experienced criminal defense attorney at The Law Offices of Jarrod M. Wilfert today. Not every case fits into a description of a crime perfectly, and unique situations can’t always be treated with a one-size-fits-all penalty. On the other hand, swinging a wine bottle in the general direction of someone might result in a misdemeanor, particularly if the judge determines that prison time wouldn’t have a rehabilitative effect. The term “wobbler” is one that is frequently used with regards to the penalties, punishment and sentencing associated with California crimes. The judge may have flexibility in the prison sentence and other penalties they can provide, but for the most part, the circumstances of the crime don’t affect whether the crime is charged as a felony or misdemeanor. More specifically, a wobbler is a crime that prosecutors and judges can decide to prosecute and/or sentence as either a felony or a misdemeanor. Should I just plead guilty and avoid a trial? An offense that was prosecuted as a felony may also be downgraded to a misdemeanor at the time of sentencing. However, it is important to discuss a plea bargain with an attorney before making any decisions to ensure that this is the best option. A wobbler is a crime that can be charged as either a misdemeanor or felony, as per the prosecution, although the judge gets final say on the classification. Many charged with felonies find it difficult to find a job with a felony on their record, as well as obtain housing, maintain familial relationships, or deal with various stigmas. However, some crimes are affected by these circumstances. If you believe any of these factors may be applicable to your case, be sure to talk to your attorney about the laws for your specific state. Under California law, a “wobbler” offense is a criminal offense that might be charged and punished as either a misdemeanor or a felony. This lack of proof can be enough to have the charges dropped completely or reduced to a misdemeanor. However, it does provide some aggravating circumstances. That discretion is normally left up to prosecutors, although in some states judges may reduce felonies to misdemeanors under certain circumstances. These are just aspects that the prosecution and judge often consider when deliberating a case. Cooperating with law enforcement in their investigation, especially when the defendant’s help is needed to solve a crime or bring down a whole crime ring, can drop a charge to a misdemeanor. In California, a wobbler is a crime that is punishable either as a felony or misdemeanor. The facts of the crime and the circumstances surrounding the offender often dictate whether prosecutors and judges go with the misdemeanor or felony label. A "wobbler" is a crime that can be punished as _____. Some of these factors are: Other factors that may be considered when deciding if a charge should be a felony or misdemeanor include: Not all states have wobbler crimes, and the crimes may vary. In some states, the information on this website may be considered a lawyer referral service. Robbery-receiving stolen property. Wobbler Definition A statute is a wobbler when it can be charged as a misdemeanor or a felony. If the defendant’s rights were violated in some way during the course of the arrest, investigation, or trial, it may be possible to get reduced charges. Wobbler crimes are serious enough to be on the books as felonies, but they are not the most damaging crimes. None of our authors or customer service representatives are lawyers and they also do not provide legal advice. While prosecutors have the discretion to charge a defendant accused of committing an offense which is a wobbler as a misdemeanor or felony, the judge has the final say in terms of sentencing. It’s also likely that the prosecution and judge will consider whether the defendant refused BAC testing for the DUI. Wobblers. So to look at some examples, California’s extensive list of wobblers is a good place to turn. How long after arrest do I find out what the charges are. California wobbler crimes are defined as criminal offenses that prosecutors have discretion whether to file as a misdemeanor or felony based on the defendant’s criminal history and case facts. Prosecutors have the choice of whether to charge a wobbler as a felony or a misdemeanor. These types of crimes are termed “wobblers” because they wobble between these two categories of offenses. Penal Code § 245(a)(1) (2019), Cal. Jail. Aggravating circumstances can make that misdemeanor charge a felony though. It “wobbles” between these two categories of offenses. It’s both. While these are all options before the conviction is made, there is still hope after receiving a felony conviction; it’s possible to appeal a decision and attempt to have it lowered to a misdemeanor after the fact. On the high end, these charges could be up to 15 years in prison, severe fines, loss of license, and other penalties. 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