A “wobbler” is a California crime that can be charged and punished as either a felony or a misdemeanor. The same statute, the same facts — two very different futures.
Which way it goes is often the single most important thing a defense lawyer can influence.
What a Wobbler Is
Most California crimes are fixed — an infraction, a straight misdemeanor, or a straight felony. A wobbler sits in between: the law allows it to be treated as a felony or a misdemeanor. The difference is enormous — state prison versus county jail, a felony record versus a misdemeanor, gun rights, immigration exposure, and eligibility for judicial diversion (PC 1001.95).
Who Decides, and When
First, the District Attorney decides how to file it. After that, the defense has leverage at several points: pre-filing advocacy to keep it a misdemeanor, a motion under Penal Code 17(b) to reduce a felony wobbler to a misdemeanor at the preliminary hearing or at sentencing, and a post-probation reduction. See how a PC 17(b) reduction works.
Common Wobblers
Many of the most-charged offenses are wobblers, including:
- assault with a deadly weapon (PC 245(a)(1)) and criminal threats (PC 422)
- corporal injury (PC 273.5) and stalking (PC 646.9)
- forgery (PC 470), vehicle taking (VC 10851), and receiving stolen property over $950 (PC 496)
- carrying a concealed firearm (PC 25400, in specified circumstances) and a concealed dirk or dagger (PC 21310)
Frequently Asked Questions
What is a wobbler in California?
A wobbler is a crime that can be charged and punished as either a felony or a misdemeanor. The same statute and facts can lead to state prison and a felony record, or county jail and a misdemeanor, depending on how the case is filed and resolved.
Who decides whether a wobbler is a felony or a misdemeanor?
The District Attorney decides how to file it, but the defense has leverage: pre-filing advocacy, a Penal Code 17(b) motion to reduce a felony wobbler to a misdemeanor at the preliminary hearing or at sentencing, and a post-probation reduction.
What are examples of wobbler crimes?
Common wobblers include assault with a deadly weapon (PC 245(a)(1)), criminal threats (PC 422), corporal injury (PC 273.5), stalking (PC 646.9), forgery (PC 470), vehicle taking (VC 10851), and carrying a concealed firearm (PC 25400, in specified circumstances).
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com