Felony Reduction Requirements: What Is A Wobbler Crime?
To be eligible for a felony reduction in California, one of the requirements is that your conviction is for what’s known as a “wobbler crime”. State law defines a wobbler crime as an offense that prosecutors can choose to file as either a misdemeanor, or as a felony.
To make that determination, prosecutors will generally look at the specific facts of your case, and your criminal history, if any. If the actions you took while committing the crime were severe (violent and/or sex crimes), or if you have a prior criminal history that prosecutors think warrants harsh punishment, you’ll probably be charged with a felony.
Wobbler Crime Examples
The complete list of crimes that California law considers as wobbler crimes is quite long. A few examples of crimes that prosecutors can file as either misdemeanors or felonies includes:
- Child Abuse
- Carrying A Loaded Firearm
- Gang Activity
- Vehicular Manslaughter
- Witness Tampering
If you’ve been convicted of any of the above crimes as a felony, you may be eligible for a felony reduction.
The other requirement you’ll need to meet in order to be eligible for a felony reduction is that you must be sentenced to felony probation. If you had to serve time in a California State Prison or county jail, you will not be eligible for a felony reduction.
If you are currently on felony probation, and want to know if you’re eligible for a felony reduction, you should consult with an experienced defense attorney.
Felony vs Misdemeanor Conviction
There are many reasons why you should pursue a felony reduction if you are eligible for one. As a convicted felon, you’ve lost several major rights as a citizen, including:
- The right to vote
- Owning and possessing firearms
- Public assistance and housing
- Parental rights
A felony reduction to a misdemeanor can help restore some of these rights to you. It will also likely make finding a job much easier.
To learn more about wobbler crimes and your eligibility for a felony reduction, please contact our office. We’re happy to evaluate your case and find the right course of action to help restore your rights as a citizen.
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