Though it sounds suspiciously like something hanging from a turkey's chin, under California law "wobblers" are crimes that can be prosecuted as either a misdemeanor or felony. A felony conviction can be a life-altering experience affecting your ability to get a job, loan, credit, professional license or vote. Conviction can result in serious penalties, including prison time. A misdemeanor conviction is always preferable to a felony conviction. Misdemeanors are more likely than felonies to be eligible for alternative sentencing or expungement, a process that removes any public record of your crime, in effect, wiping the slate clean.
A number of factors can determine whether a wobbler is charged as a misdemeanor or a felony, including:
- whether violence or bodily harm was involved
- whether a gun or weapon was used
- the vulnerability of the victim
- whether the defendant played an active or passive role in the crime
- whether coercion or duress was evident
- the existence of unusual circumstances or extreme provocation
If you feel like you're caught between a rock and a hard place, an experienced criminal attorney can help you prepare the best defense and may be able to convince the court to hear your case as a misdemeanor instead of a felony. For information on criminal defense in Spanish, visit our Spanish version website.
-Legal Pro
