Wobblers

Wobblers are criminal offenses for which the DA has the discretion of charging them either as a misdemeanor or felony and where conviction can lead to being sentenced to either county jail or to state prison.

Factors that the DA will take into account are your criminal history and if there are aggravating circumstances. These can be whether someone suffered serious bodily injury; if the offense was against a police officer, firefighter EMT personnel or other protected person; and if the value of property taken or damaged was substantial.

Examples of wobbler offenses include:

Theft crimes Drug possession Domestic violence Burglary Sexual battery Assault with a deadly weapon other than a firearm

The court can reduce a felony to a misdemeanor following a preliminary hearing or we can negotiate it down as well before trial.