Wobbler Offenses in California: Can Your Felony Be Filed as a Misdemeanor?

Not all felonies are set in stone—and that’s where options begin. If you’re wondering what is a wobbler offense in California, you’re likely facing a legal fork in the road. At the Law Office of Sam Salhab, we help clients turn what could be a felony into a far more manageable misdemeanor. These cases hinge on facts, timing, and smart strategy. When your future depends on a technicality, you need someone who knows how to work the system, not just work in it. A wobbler offense may wobble—but our defense never does.

1. Definition of Wobbler Offenses

If you're charged with a crime in California, the word “wobbler” might show up in court documents or during your first conversation with a lawyer. But what is a wobbler offense in California, exactly? It’s a crime that “wobbles” between two levels: misdemeanor and felony. It isn’t a minor charge—it’s a flexible one.

The legal system treats wobblers differently from straight misdemeanors or felonies. A straight felony is always a felony, with no option to downgrade it. The same goes for a straight misdemeanor. But wobblers are written into California law to allow for discretion, context, and—if warranted—leniency.

This flexibility is built into California’s Penal Code. Lawmakers recognized that not all offenses are created equal, and that sometimes the same action can warrant different outcomes depending on context. For example, stealing $1,000 from a stranger using fraud is not the same as writing a bad check to cover rent during a tough month—yet both can fall under a wobbler offense.

The key is how the legal system responds to your case. That response starts with the prosecutor.

2. Prosecutorial Discretion in Charging

In a wobbler case, the first decision belongs to the prosecutor. After reviewing the police report, witness statements, and any available video or forensic evidence, the prosecutor must decide: do they charge it as a misdemeanor or a felony?

This decision is strategic—and it’s heavily influenced by the circumstances surrounding the crime. For example, was there violence involved? Was it a first offense? Did the alleged victim suffer physical harm? Was a weapon used? Was the crime planned or impulsive? Did the defendant show remorse or cooperate with law enforcement?

The answers to these questions often determine how the prosecutor proceeds.

Say two people are arrested for assault. One punched a neighbor during an argument and walked away. The other used a baseball bat and sent someone to the hospital. Both could be charged with assault with a deadly weapon—a classic wobbler—but the prosecutor may file the first case as a misdemeanor and the second as a felony.

The defendant’s record also matters. If someone has no prior convictions and the offense was out of character, prosecutors may lean toward leniency. But if someone has a long criminal history or violated parole, the system tends to respond with more force.

This is where early legal intervention can make a big difference. If a defense attorney can present mitigating evidence, provide character references, or show that the facts support a lower charge, prosecutors may be persuaded to file it as a misdemeanor from the start.

3. Judicial Authority to Reduce Charges

Even if a prosecutor files the wobbler as a felony, that’s not the end of the story. In California, judges have the legal authority to reduce a felony wobbler to a misdemeanor under certain conditions. This power is granted through Penal Code Section 17(b), which gives courts discretion to downgrade eligible offenses either at sentencing or after probation is successfully completed.

This makes wobblers especially unique—they don’t just offer flexibility at the beginning of the case, but all the way through. If someone shows genuine effort to turn their life around, completes probation, and stays out of trouble, they can ask the judge to reduce their charge.

Timing is key. Judges can reduce wobblers in a few different ways:

• At the preliminary hearing

• During sentencing

• After probation, through a formal petition

For example, someone who pled guilty to felony embezzlement may return to court after fulfilling all probation requirements and request that the charge be reclassified as a misdemeanor. If the judge agrees, the felony is removed from the person’s record, and the legal label on the case changes permanently.

It’s important to note, though, that this is a privilege—not a right. The court weighs various factors: Was the probation completed without violations? Has the defendant been arrested again? Was restitution paid? These questions help the judge determine if a reduction aligns with public safety and justice.

Judges aren’t required to reduce a charge, even if the statute allows it. That’s why having a lawyer who knows how to frame the argument can make all the difference.

4. Common Wobbler Offenses in California

If you're wondering what is a wobbler offense in California and whether your charge qualifies, here are examples of crimes that often fall into this middle ground:

• Assault with a deadly weapon

• Criminal threats

• Burglary (second degree)

• Forgery

• Embezzlement

• Grand theft

• Child endangerment

• Vandalism causing $400 or more in damage

• Certain sex crimes (like statutory rape under specific age differences)

• Possession of a controlled substance for sale

In each of these, the final charge could swing either way. The exact facts of the incident—along with your prior record—play a major role in which direction it goes.

It’s possible for two people to commit nearly identical crimes and end up with very different outcomes. One might walk away with a misdemeanor, while the other is hit with a felony. That’s the risk and potential of wobblers: they give the system flexibility, but that flexibility cuts both ways.

5. Benefits of Charge Reduction

Reducing a felony to a misdemeanor can change the entire trajectory of someone’s life. Felonies carry long-term consequences that go beyond court fines or jail time. They affect everything from employment to housing to professional licensing.

When a charge is reduced to a misdemeanor:

• Employers are less likely to disqualify you during background checks

• You may regain certain civil rights, like firearm ownership or eligibility for public office (in some cases)

• You become eligible for expungement, which clears the conviction from public records

• You avoid the social and legal stigma that follows a felony record

This isn’t about “getting off easy.” It’s about proportional justice. For people who’ve made a mistake, fulfilled the court’s requirements, and stayed out of further trouble, a reduced charge reflects that progress.

It also opens doors that would otherwise remain shut. Employers, landlords, and licensing boards draw hard lines around felony convictions. A misdemeanor, while still serious, is less likely to permanently block opportunities.

6. Steps to Seek Reduction

If your felony charge started as a wobbler, you may have a second chance to push it back down to a misdemeanor—either during sentencing or after probation is completed. Here’s what the process looks like:

• Check Eligibility: The original charge must be one that’s legally defined as a wobbler. Not all felonies qualify.

• Complete Court Requirements: This usually means completing probation, avoiding further legal trouble, and following all court orders.

• File a Petition: This is a formal request to the court asking for the felony to be reduced. Your lawyer prepares this.

• Attend a Hearing: In most cases, the judge will set a hearing to review your petition and any objections.

• Receive the Ruling: If granted, your charge is reclassified as a misdemeanor moving forward.

The strength of your petition depends on how well you’ve followed through on court requirements, as well as how your case is presented. Supporting documents—like letters of recommendation, employment history, and proof of restitution—can strengthen your case.

7. Potential Challenges and Considerations

While the option to reduce a felony is valuable, it isn’t automatic—and it comes with limits. Some challenges include:

• Violent or serious felonies don’t qualify as wobblers and cannot be reduced

• If you violated probation, a judge may deny your petition

• Certain offenses with aggravating factors, like gang enhancements or weapon use, may be excluded

• Timing matters—you may need to wait until probation is fully completed or a certain period has passed

Also, not every judge sees reduction requests the same way. Some are more open to rehabilitation-based arguments, while others stick closely to the facts of the original offense. That’s why legal representation is critical. A strong argument, backed by records and real progress, can make the difference between a denied petition and a clean slate.

Understanding what is a wobbler offense in California is just the first step. Using that knowledge to reduce a charge—and protect your future—takes action, planning, and persistence.

Your Charge May Wobble—But Your Future Doesn’t Have To

If you’re asking what is a wobbler offense in California, the answer could change your legal path. A single decision—by a prosecutor or a judge—can mean the difference between a felony record and a far less damaging misdemeanor. That’s why timing, strategy, and legal support matter. Wobblers are built on nuance. The more you understand, the more power you have to control the outcome. Whether you’re at the start of a case or hoping to reduce an old charge, it’s not too late to act. In California, the law gives you options. Know them—and use them.

At the Law Office of Sam Salhab, we’ve helped countless clients reduce serious charges and protect their record—and we’re ready to do the same for you. Let’s talk options. Let’s fight for the one that gives you your life back—starting now.

FAQs

1. What is a wobbler offense in California?

A wobbler offense in California is a crime that can be charged as either a felony or a misdemeanor. Prosecutors and judges have discretion based on the circumstances of the case and the defendant’s background.

2. How does a prosecutor decide to charge a wobbler as a felony or misdemeanor?

Prosecutors consider the facts of the case, severity of the crime, and the defendant’s history. If the offense involved violence or repeated conduct, it may lean toward felony status.

3. Can a felony wobbler be reduced to a misdemeanor after conviction?

Yes. Under Penal Code Section 17(b), a judge may reduce a felony wobbler to a misdemeanor after probation is completed or at sentencing, depending on the charge and case conduct.

4. What are some common examples of wobbler offenses in California?

Examples include assault with a deadly weapon, grand theft, forgery, embezzlement, and certain sex and drug offenses. These crimes may be charged up or down based on legal and factual context.

5. How does reducing a felony to a misdemeanor benefit the defendant?

Reducing a felony helps restore civil rights, opens doors to employment, and avoids long-term stigma. It may also make the offense eligible for expungement, helping with housing and licensing.