In California, criminal offenses fall into three primary categories: felonies, misdemeanors, and infractions. Then, there is a unique classification known as “wobblers.”
Each type of crime carries different legal consequences and procedures. Understanding the distinction is crucial because it directly influences how a case may be handled by the justice system and the impact on a defendant’s life.
Felony
A “straight” felony in California refers to charges that are exclusively prosecuted and sentenced as felonies; they cannot be reduced to misdemeanors. Examples include serious offenses like murder, rape, robbery, and sale of controlled substances. The law mandates more substantial penalties because these crimes are considered particularly egregious or harmful to society.
Convictions for straight felonies come with heavier consequences, including prison sentences that typically extend for at least one year or more, depending on the specifics of each case. Under certain circumstances, convictions can result in life sentences.
Additionally, those found guilty often face long-term impacts beyond incarceration, such as a significant mark on their criminal record that affects employment opportunities and civil rights restrictions, among other social stigmas.
Misdemeanor
Standard misdemeanors in California involve less serious offenses and are accompanied by penalties of up to six months in jail and/or fines up to $1,000. Examples of standard misdemeanors include:
- Drug possession
- Indecent exposure
- Petty theft
- Prostitution
Gross or aggravated misdemeanors carry heightened consequences with up to 364 days in jail and/or fines up to $1,000. These are viewed as more severe offenses within the misdemeanor classification but still fall short of felonies in terms of potential sentencing and long-term ramifications. Examples include:
- Domestic battery
- Driving on a suspended driver’s license
- Drunk driving without injury
- Violating a restraining order
Misdemeanors are less serious than felonies, but still carry jail time and should always be taken seriously.
Infractions
Infractions are less serious than misdemeanors and felonies, so the penalties are more lenient. Infringements of traffic regulations often fall into the category of infractions.
When you’re cited for an infraction – such as a parking ticket or a speeding violation that doesn’t involve extreme speeds – these breaches don’t leave you with a criminal record. Instead, you can be fined up to $250.00, and as long as you pay the fine, you cannot be sentenced to jail.
Wobbler
A “wobbler” in California is a unique kind of criminal offense that occupies the middle ground between misdemeanors and felonies. This designation means that the crime can be prosecuted either way depending on various factors, including the case’s specifics and a defendant’s prior criminal history. In practice, this gives prosecutors discretion to file charges aligning with the severity of the offense.
There are four primary stages at which a felony wobbler crime can be reduced to a misdemeanor:
When the Prosecutor Charges the Offense
The first opportunity to reduce a felony crime to a misdemeanor arises when the prosecutor decides on the charges. The prosecutor has the discretion to file the offense as either a felony or a misdemeanor based on the circumstances of the case and the defendant’s criminal history.
Felony Preliminary Hearing
The second stage occurs during the felony preliminary hearing. At this juncture, a judge determines whether there is enough evidence for the defendant to stand trial on felony charges. If the evidence is insufficient to support felony prosecution, the defense can argue to have the charge reduced to a misdemeanor.
At the Time of Sentencing
The third opportunity is at the time of sentencing. If the defendant has been convicted of a wobbler offense as a felony, the judge may reduce the conviction to a misdemeanor based on the particulars of the case, including the defendant’s conduct since the offense and their criminal history or lack thereof.
Post-Probation Petition
The final stage for reduction is after the defendant has successfully completed California felony (formal) probation. Provided the defendant was not sentenced to prison, they can file a petition to have their felony conviction reduced to a misdemeanor. The court will review this petition, which will consider the defendant’s compliance with probation terms and any rehabilitative efforts made.
Understanding the various stages at which a wobbler offense may be reduced to a misdemeanor is crucial for defendants navigating the complexities of the criminal justice system.
Contact an Experienced San Jose Criminal Defense Attorney for a Free Case Review
If you’re facing charges in California, it’s important to speak with a criminal defense attorney. This will give you the best chance of having your charges classified as misdemeanors instead of felonies, if applicable. For help, contact the legal team of Ahmed & Sukaram, DUI and Criminal Defense Attorneys today at (408) 217-8818 to schedule a free consultation with a criminal defense lawyer.