California is known for some iconic things, from the Golden Gate Bridge and Death Valley to In-N-Out and the Hollywood Walk of Fame. However, the last thing you may expect to associate with California is criminal charges. However, the Golden State has a unique way of charging criminal offenses, known as wobbler crimes. As such, if you are facing a crime and are unsure how it will be charged, it’s critical to keep reading. The following blog explores what you should know about these difficult matters, including the importance of working with a Pleasant Hill criminal lawyer to help you determine the best course of action for your circumstances.
What Are Wobbler Crimes?
California has a unique legal system. Unlike other states, where there are stricter guidelines that determine when a crime is a misdemeanor or felony offense, many crimes in California can be charged either way. This gives the prosecution and judges the ability to charge crimes as they see fit.
As such, there are hundreds of criminal charges in California that are considered wobblers, as they “wobble” the line between a felony and a misdemeanor. In fact, the vast majority of criminal offenses are wobbler crimes.
However, you should note that some crimes are referred to as straight felonies, meaning they are always charged as felony crimes. This includes crimes like rap, kidnapping, murder, and robbery.
What Factors Influence How a Crime Is Charged?
There are no set guidelines issued by California to determine whether a wobbler should be charged as a misdemeanor or a felony. As such, it is fully up to the discretion of the prosecuting attorney as to how they wish to charge you. In many instances, however, you’ll find that lawyers adhere to the Uniform Crime Charging Standards that were issued by the California District Attorneys Association. This provides several considerations the prosecution should take into account, such as the age of the accused, the circumstances surrounding the crime, if they have a prior criminal record, and if they have cooperated with law enforcement, among other factors.
As mentioned, judges also reserve the right to reduce an eligible criminal offense from a felony to a misdemeanor if mitigating circumstances, such as lack of a criminal record, if the defendant used caution to avoid causing harm to people or property, and if they took responsibility for their actions.
As you can see, wobbler crimes can be incredibly tricky to navigate. That is why working with an experienced attorney with O’Connor Law APC is in your best interest. We understand that the legal system can be complex, especially when you’re unsure whether you will be charged with a misdemeanor or a felony, which is why we are ready to assist you. When you need help, contact us today to learn how we can fight for the best possible outcome for your circumstances.
