Wobblers vs. Wobblettes by Darren Kavinoky

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Wobblers vs. Wobblettes
by Darren Kavinoky

Wobblers vs. Wobblettes

Wobblers

In California this term is used to identify crimes that are punishable either as a felony or as a misdemeanor. There are over a hundred cases that can be classified as either a felony or a misdemeanor. This distinction can be found in the Penal Code. These types of cases are referred to as “wobblers” due to the sentencing structure. In other words, wobbler crimes are those that could bring a sentence of state prison, county jail, or fines.

Wobblers are lesser felony offenses that stipulate fines or jail time as alternative punishments. In California, wobbler offenses include misdemeanors that are elevated to felony status because of the defendant’s prior record. For example, petty theft is normally a misdemeanor, except when it is committed by an offender who has a prior theft conviction. Those types of cases involving minor instances of drug possession or driving under the influence are also examples of wobbler offenses.

However, for some drug crimes, such as possession of marijuana or hashish, which is considered an optional felony wobbler, can be sentenced alternatively. Under Proposition 36, effective July 1, 2001, first- and second- time possession-only offenders may demand a treatment program instead of jail. Then after 18 months the conviction will “fall off” of their criminal record.

When a case is a wobbler, the district attorney has the discretion to file it at either a felony or a misdemeanor. Then, following conviction, the sentencing judge has similar discretion to sentence the defendant to either a misdemeanor or felony sentence.

The Effect of a Wobbler on the Three-Strikes Law

California voters approved a ballot initiative known as “Three Strikes and You're Out

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Posted on: July 5,2006

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