Ever heard the term “wobbler” used in a courtroom drama and wondered what it means? In criminal law, a wobbler is not a toy or marketing gimmick—it’s a very specific class of crime that can swing between being charged as either a felony or a misdemeanor. And that wobble? It can dramatically affect someone’s future, from jail time to job opportunities.
What Is a Wobbler Crime?
According to the California Penal Code Section 17(b), a wobbler is a criminal offense that can be prosecuted either as a felony or a misdemeanor depending on the prosecutor’s discretion or the judge’s decision at sentencing. This dual-status nature is where the name “wobbler” comes from—it wobbles between two levels of severity.
In 2024, wobblers made up an estimated 14.2% of criminal cases prosecuted in California alone.
Legal Definition of a Wobbler
To make it simple:
A wobbler is a crime that can be charged either as a felony or a misdemeanor, based on the circumstances of the offense and the defendant’s criminal history.
This flexibility can be both a blessing and a curse. It provides a second chance for some but opens the door for inconsistency in how justice is applied.
Difference Between Wobbler, Felony, and Misdemeanor
| Crime Type | Jail Time | Court Type | Example | Notes |
|---|---|---|---|---|
| Misdemeanor | Up to 1 year in county jail | Municipal court | Petty theft | Less serious, usually no prison |
| Felony | Over 1 year in state prison | Superior court | Armed robbery | Most serious, prison, parole, etc. |
| Wobbler | Either of the above | Depends | DUI causing injury | Prosecutor/judge decides level |
Common Examples of Wobbler Crimes
There are over 30 criminal offenses in California and other U.S. states that are considered wobblers. Some of the most common include:
- Assault with a deadly weapon
- Grand theft (over $950 in California)
- Forgery
- Burglary (non-residential)
- Certain types of DUI (with injury or prior offenses)
- Child endangerment without injury
- Domestic violence cases (first-time offenses)
- Sexual battery without force
Each of these crimes can either lead to jail time or be reduced to probation, community service, or even diversion programs—depending on how the case is handled.
More Opportunities: Does McDonald’s Hire Felons?
How Is It Decided Whether a Wobbler is Charged as a Felony or Misdemeanor?
Prosecutors consider several factors before deciding how to charge a wobbler:
- The defendant’s criminal history
- The facts and severity of the crime
- The presence of violence or a weapon
- Whether the victim was seriously injured
- The impact on public safety
- Plea bargain negotiations
Judges can reduce a felony wobbler to a misdemeanor at sentencing, or even after probation is completed in some cases.
⚖️ Example: A man charged with felony assault with a deadly weapon could have the charge reduced to a misdemeanor if no serious injuries occurred and the weapon used was not a firearm.
Real-Life Case Study: California v. R.L. (2023)
In 2023, 22-year-old R.L. was charged with felony grand theft for allegedly stealing electronics worth $1,500. However, during plea negotiations, it was revealed that it was a first-time offense, and the items were returned.
The prosecutor agreed to reduce the felony to a misdemeanor in exchange for probation and restitution. This saved R.L. from a permanent felony record—a decision made possible only because grand theft is a wobbler offense.
Why Do Wobblers Exist?
Wobblers were designed to allow flexibility in the justice system. They give prosecutors and judges room to:
- Adjust the charge based on intent and harm
- Offer leniency in less serious cases
- Apply harsher penalties when necessary
- Reduce prison overpopulation by allowing misdemeanor treatment
However, this flexibility sometimes leads to uneven justice, where two people committing similar crimes can face very different consequences.
Long-Term Implications of a Wobbler Conviction
Even when a wobbler is reduced to a misdemeanor, it still leaves a mark. Here’s how:
- Employment: Felony wobblers may show up on background checks
- Housing: Some landlords refuse applicants with criminal records
- Immigration: A felony wobbler can lead to deportation or inadmissibility
- Firearm rights: May be revoked even if later reduced
- Public benefits: Loss of student loans, housing aid, etc.
Can Wobbler Crimes Be Expunged?
Yes, wobbler convictions can often be expunged in states like California—especially if they were ultimately treated as misdemeanors.
Conditions for Expungement:
- Probation must be completed
- No new offenses
- Not serving time for another crime
- Court approval required
Expungement doesn’t erase the record, but it changes it to show a dismissal, which can help with employment and housing.
Final Thought
In a world where every legal outcome can change someone’s life, wobblers offer a legal gray zone—a lifeline for those who may deserve leniency but a warning for others who could face stiff penalties.
Whether you’re someone dealing with a wobbler charge, a law student, or just curious, understanding this unique legal classification could make all the difference.
FAQs
Can any felony be a wobbler?
No. Only specific crimes listed in the Penal Code are eligible. Crimes like murder or rape are always felonies.
Can a wobbler be charged as a misdemeanor from the start?
Yes. Prosecutors often file certain wobblers as misdemeanors right away, especially for first-time offenders.
Can a judge reduce a felony wobbler during sentencing?
Yes. Under Penal Code §17(b), judges can reduce it based on the circumstances.
Is domestic violence a wobbler?
Yes, in many cases. But if there’s severe injury or prior offenses, it’s often treated as a felony.
Can a wobbler affect immigration status?
Absolutely. Even misdemeanor wobblers may lead to deportation or visa denial, especially in crimes of moral turpitude.
