Felonies, Misdemeanors, and Wobblers, Oh My! Understanding Criminal Charges in California
Understanding Criminal Charges in California
If you’ve been arrested for a crime in California, you are going to be charged with either a misdemeanor or a felony, depending on the specific offense charged. Some offenses are “wobblers,” meaning the prosecutor has the discretion to charge the crime as either a misdemeanor or a felony. But what do all these terms mean to you, and how could they affect your case? Read on for an explanation, and if you’ve been charged with a misdemeanor or felony drug crime, assault, theft offense, or DUI in Ventura County, contact the Law Office of Paul Tyler for immediate assistance from a skilled and experienced Oxnard criminal defense attorney.
What Is a Misdemeanor?
Misdemeanors and felonies are defined by the type of punishment that can be imposed if convicted. A misdemeanor is a criminal offense that is generally considered less serious than a felony. With some exceptions, misdemeanors in California are generally punishable by up to one year in county jail, fines up to $1,000 (sometimes more depending on the offense), and other consequences such as probation, community service, counseling, or other court-imposed conditions. Common examples of misdemeanors include:
- Drug Crimes: Possession of a small amount of a controlled substance such as cocaine or methamphetamine that indicates possession for personal use rather than sale—often charged under Health & Safety Code 11350(a)
- Assault/Violent Crime: Simple assault (no weapon or serious injury) under Penal Code 240
- Theft Offenses: Petty theft (stealing property worth $950 or less) under Penal Code 484/488
- DUI: A first-time DUI with no injuries (Vehicle Code 23152(a)) is typically charged as a misdemeanor
Misdemeanor charges may still carry serious consequences, especially if they result in jail time or affect your job, immigration status, or professional license.
What Is a Felony?
In contrast to a misdemeanor, a felony is a more serious crime punishable by a year or more in state prison and substantial fines. Sentences can extend for decades or life depending on the crime, and fines can reach the tens of thousands of dollars. Violent felonies can also be subject to strike enhancements under California’s Three Strikes law. Felony convictions also carry severe long-term consequences that can impact voting rights and firearm rights and impose significant barriers to finding good employment or housing.
Examples of felonies include:
- Drug Crimes: Possession of controlled substances for sale (Health & Safety Code 11351)
- Assault/Violent Crime: Assault with a deadly weapon (Penal Code 245(a)(1)) or aggravated battery causing serious bodily injury
- Theft Offenses: Grand theft (property valued over $950 or involving firearms), burglary (Penal Code 459)
- DUI: DUI causing injury or death, or a fourth DUI offense, can be charged as a felony
Felonies carry the risk of time in prison and a permanent mark on your record, making it crucial to have strong legal representation.
What Is a Wobbler?
A wobbler is an offense that can be prosecuted as either a misdemeanor or a felony, depending on factors like the specific facts of the case, the defendant’s criminal history, and the prosecutor’s discretion in charging or the judge’s decision at sentencing. Examples of wobblers include:
- Drug Crimes: Possession of certain controlled substances for sale may be charged either way, especially with limited amounts or mitigating circumstances
- Assault/Violent Crime: Assault with a deadly weapon can be charged as either a felony or a misdemeanor depending on the weapon used and severity of injuries
- Theft Offenses: Grand theft, embezzlement, and receiving stolen property (Penal Code 496) can all be wobblers
- DUI: A DUI with injury (Vehicle Code 23153) is often a wobbler—charged as a felony or misdemeanor based on the severity of injuries and other details
The “wobbler” category is where a skilled criminal defense lawyer can make a big difference. With effective advocacy, a felony wobbler charge can often be reduced to a misdemeanor—or dismissed entirely.
Why This Distinction Matters
Whether your charge is a misdemeanor, felony, or wobbler affects not only the possible punishment but also your legal strategy, plea negotiations, and long-term impact on your life. In some cases, a conviction may later be expunged—but that option often depends on how the offense was originally charged.
Facing Charges in Ventura County? Call Paul Tyler.
At the Law Office of Paul Tyler, we provide aggressive, experienced criminal defense for clients in Oxnard and throughout Ventura County. Whether you’re dealing with a felony, a misdemeanor, or a wobbler offense, we’ll fight to protect your rights, reduce or dismiss the charges, and help you move forward.
Contact us today for a free and confidential consultation.
