A "wobbler" is a special class of crimes involving conduct that varies widely in its level of seriousness
. These crimes can be punished as either a felony or a misdemeanor, giving the offense the flexibility to "wobble" between the two classifications
. Wobbler statutes cover a wide range of offenses, including assault with a deadly weapon, vehicular manslaughter, money laundering, and defacements of property with graffiti
. In California, the criteria for a wobbler offense are outlined in the California Penal Code, and the decision to charge a wobbler as a felony or a misdemeanor is usually made by the prosecutor
. However, judges can also decide to punish a wobbler as a misdemeanor
. The choice is important because California law recognizes three categories of offenses: felonies, misdemeanors, and infractions
. Some advantages and disadvantages of a felony conviction include:
- Advantages : A felony conviction carries a more severe sentence, which can result in a longer period of incarceration and a more extensive criminal record
- Disadvantages : A felony conviction can have long-lasting consequences on the defendant's personal and professional life, including restrictions on voting, holding public office, and access to certain jobs
In some cases, a wobbler offense can be reduced from a felony to a misdemeanor through a process called "expungement"
. This is available to most wobblers, regardless of whether the charge ended up as a felony or a misdemeanor conviction
