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What is a Wobbler?

In certain instances, a defendant convicted of a wobbler felony may file a petition to change the conviction from a felony to a misdemeanor.

Understanding how a wobbler charge can impact your case is crucial, and having an experienced criminal defense attorney make all the difference in navigating these complexities and securing the best possible outcome.

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How a Wobbler Charge Can Impact Your Future

The opportunity afforded a defendant by a wobbler is important because of the large difference between felonies and misdemeanors.

Consequences of a Felony

A felony conviction carries a prison sentence of more than one year up to life in prison or even the death penalty. A fine of $10,000 is also possible. You may also have to forfeit some privileges and rights due to a felony conviction, such as:

• Employment Status: A prospective employee must disclose some types of past criminal convictions. Omission of this can result in refusal of a job offer. Even if you’re hired, if the omission is discovered later, it can result in termination.
• Professional License: If the conviction is of a crime related to the qualifications or duties required, the following is a list of some professions where you could lose your license:
  • nurse
  • physician
  • dentist
  • pharmacist
  • teacher
  • attorney
  • licensed engineer
  • licensed surveyor
  • real estate agent
• Firearms: Purchase, possession, and use are generally prohibited.
• Alcohol License: A felony conviction may be grounds for denial of a license to sell alcohol.
• Armed Forces: A convicted felon generally may not enlist. Also, members or former members of the armed forces can lose their pensions for felony convictions.

These are harsh collateral consequences that can impact your life long-term.

Consequences of a Misdemeanor

Misdemeanors, on the other hand, are less serious than felonies. Most can result in punishments of up to six months in jail or a fine of $1,000, although some carry a penalty of up to 364 days in prison.

Common Types of Wobblers, Prosecutorial Discretion, and Court Discretion

Here are some wobblers under California law:

• Sexual battery
• Burglary
• Forgery
• Stalking
• Child endangerment
• Spousal battery
• Grand theft

Wobblers aren’t automatically reduced to misdemeanors. It’s usually up to the prosecutor.

While no statutory provisions exist for exercising this discretion, the California District Attorneys Association has some recommended factors:

• Defendant’s prior record
• The severity of the crime
• The defendant’s cooperation with law enforcement
• Probability of additional crime by the defendant
• Defendant’s age
• Strength of the prosecution’s case.

Even if the prosecutor is unwilling to reduce the charge, the judge may do so at the preliminary or sentencing hearing or if the defendant petitions the court for a reduction and has completed felony probation.

A judge considers these mitigating factors, based on the defendant’s:

• Prior criminal record
• Role played in the crime
• Acceptance of guilt
• Restitution to the victim
• Use of caution to avoid harming other people or property
• Performance in prior probation or parole situations.

Expunging a Wobbler Conviction

Sometimes it is possible to expunge a wobbler conviction, which means that the conviction generally ceases to exist, with these exceptions:

• Excuse the duty to register as a sex offender.
• Restore gun rights.
• Overturn a suspended or revoked driver’s license.

Prosecutors may use Expungement criminal convictions for sentencing if the defendant commits another crime.

Most wobbler convictions can be expunged.

To qualify, the defendant has to:

• Have completed probation or received an early termination; and
• Either not being in state prison for the offense or being in state prison for an offense that, under current law, would be served in a county jail.

To successfully complete probation, the defendant must have complied with all terms of the probation, been present at required court appearances, and not committed any additional crimes while on probation.

Lifetime Consequences When It’s Not a Wobbler

The consequences of a felony conviction can last a lifetime. If you or a loved one are charged with a felony, consider seeking legal counsel regarding the possibility of having the felony charge reduced to a misdemeanor.

Exploring Financial Implications

The financial repercussions of a felony conviction extend far beyond the initial fines and court costs.

Here are several ways a felony record can have a long-term impact on an individual’s financial stability:

Increased Insurance Premiums

A felony conviction can significantly raise an individual’s insurance premiums. Many insurance companies view those with criminal records as higher-risk clients.

This increased risk can result in higher premiums for various types of insurance, including auto, health, and homeowner’s insurance.

In some cases, individuals may even struggle to obtain insurance coverage at all.

Difficulty in Securing Loans

Obtaining loans and credit can become more challenging for those with felony convictions. Many lenders are hesitant to approve loans for individuals with criminal records, fearing a higher likelihood of default.

This can impact a person’s ability to buy a home, start a business, or finance other significant purchases. Even when loans are approved, they may come with higher interest rates, increasing the overall cost of borrowing.

Employment and Income Loss

Felony convictions can severely limit employment opportunities. Many employers conduct background checks and may be reluctant to hire individuals with criminal records, particularly for positions of trust or responsibility.

This can lead to lower lifetime earnings and reduced job stability. Additionally, individuals with felony convictions may be excluded from certain professional fields, further narrowing their career prospects.

Housing Challenges

Finding housing can become more difficult and expensive for those with felony convictions. Many landlords conduct background checks and may refuse to rent to individuals with criminal records.

This can force individuals to live in less desirable and often more expensive housing options, further straining their financial resources.

Limited Educational Opportunities

Some educational institutions may deny admission to individuals with felony convictions, limiting their ability to pursue higher education and, consequently, higher-paying jobs.

Additionally, access to financial aid can be restricted, making it more difficult to afford college or vocational training.

Increased Costs for Everyday Living

Felony convictions can indirectly increase the cost of everyday living. For instance, individuals may face higher transportation costs if they lose their driving privileges and have to rely on public transportation or ride-sharing services.

They may also face higher legal costs if ongoing legal issues relate to their felony status.

The financial implications of a felony conviction are extensive and can affect various aspects of an individual’s life.

These economic consequences show how important seeking legal counsel is.

Defense Strategies

When facing a wobbler charge, attorneys employ various strategies to reduce the charge from a felony to a misdemeanor.

Here are some common approaches:

Negotiating With the Prosecutor

Defense attorneys often start by negotiating directly with the prosecutor. They may present mitigating factors, such as the defendant’s lack of a prior criminal record, cooperation with law enforcement, or willingness to make restitution.

The goal is to convince the prosecutor that charging the offense as a misdemeanor would better serve the interests of justice.

Highlighting Mitigating Circumstances

Attorneys emphasize mitigating circumstances surrounding the offense. This might include the defendant’s minor role in the crime, lack of intent to cause harm, or the influence of external factors like coercion or duress.

Demonstrating these circumstances can persuade the prosecutor or judge that a misdemeanor charge is more appropriate.

Demonstrating Good Character

Character evidence can play a crucial role in reducing charges. Attorneys may present letters of recommendation from employers, community leaders, or family members.

They might also show the defendant’s involvement in community service, steady employment, or other positive societal contributions.

Completion of Rehabilitation Programs

Enrolling in and completing rehabilitation programs can significantly influence the decision to reduce charges.

Programs related to substance abuse, anger management, or other relevant issues demonstrate the defendant’s commitment to change and rehabilitation, making a misdemeanor charge more likely.

Petitioning the Court

If the prosecutor is unwilling to reduce the charge, the defense attorney can petition the court.

At the preliminary hearing, sentencing hearing, or after completing probation, the attorney can argue for a reduction based on the defendant’s behavior and compliance with court orders.

Emphasizing Weaknesses in the Prosecution’s Case

Exposing weaknesses in the prosecution’s case can lead to reduced charges. This might involve challenging the evidence, questioning the credibility of witnesses, or highlighting procedural errors.

A strong defense can make the prosecution more amenable to negotiating a lesser charge.

Post-Conviction Motions

After a felony conviction, attorneys can file a motion to reduce the charge after the defendant has completed probation.

The motion argues that the defendant’s conduct and compliance during probation justify reducing the felony to a misdemeanor.

Using these strategies, defense attorneys work diligently to mitigate the long-term impacts of a felony conviction by securing a reduction to a misdemeanor.

What Happens if I Don’t Use a Lawyer in My Wobbler Case?

Choosing to represent yourself in a wobbler case can have significant consequences. Here are some potential risks and challenges:

Limited Knowledge of Legal Procedures

Navigating the criminal justice system requires a deep understanding of legal procedures, rules of evidence, and courtroom protocols. Without a lawyer, you might miss critical filing deadlines, fail to object to inadmissible evidence, or struggle to present your case effectively.

Inability to Negotiate Effectively

Experienced defense attorneys are skilled negotiators who understand the nuances of plea bargaining. Without a lawyer, you may not negotiate effectively with the prosecutor, reducing your chances of having the charge downgraded from a felony to a misdemeanor.

Lack of Strategic Defense

Defense attorneys develop strategic approaches tailored to the specifics of your case. They know how to gather and present evidence, cross-examine witnesses, and highlight mitigating factors. Without their know-how, you may struggle to mount a strong defense.

Increased Risk of Severe Penalties

Representing yourself increases the risk of being convicted of a felony, which carries harsher penalties than a misdemeanor.

Missing Opportunities for Charge Reduction

Lawyers understand the factors influencing charge reduction, such as the defendant’s character, rehabilitation efforts, and the case’s specifics. Without a lawyer, you might miss opportunities to present these factors effectively to the prosecutor or judge.

Challenges in Post-Conviction Relief

If convicted of a felony, navigating the post-conviction relief process is complex. Lawyers know how to file motions to reduce charges and expunge convictions, increasing the likelihood of favorable outcomes. Without legal assistance, these processes become more challenging and less likely to succeed.

Emotional and Psychological Stress

Handling a criminal case on your own can be emotionally and psychologically taxing. The stress of preparing for court, understanding legal complexities, and facing potential penalties without professional support can be overwhelming.

Representing yourself in a wobbler case carries major risks. The experience of a defense attorney greatly increases your chances of reducing a felony charge to a misdemeanor and minimizing the long-term impact on your life.

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