Los Angeles Wobbler Defense Lawyer

In California, some crimes fall neither strictly into the category of felonies nor misdemeanors. They are known as “wobblers” because they can “wobble” in either direction depending on how the prosecutor files the case and how the judge ultimately sentences it. A skilled Los Angeles wobbler defense lawyer understands that the stakes are enormous: the same act that might end with informal probation and no jail time as a misdemeanor can carry multi-year prison exposure, lifelong firearm restrictions, and severe immigration consequences if treated as a felony.

Navigating wobblers cases effectively requires a deep understanding of the Los Angeles criminal process. From filing decisions to sentencing arguments, every stage can influence whether a case is resolved as a misdemeanor or a felony.

California Penal Code § 17(b) codifies the courts’ power to declare a wobbler a misdemeanor at different points in the life of a case, at sentencing, after a grant of probation, or even years later, in a post-conviction motion. A knowledgeable Los Angeles wobbler defense lawyer can help navigate this process effectively. The statute also makes clear that once a wobbler has been punished only by county jail (or by probation with no state-prison sentence), it becomes a misdemeanor “for all purposes” unless a narrow exception applies.

• Custody Exposure and Probation Terms. A felony sentence can range from three years (or more with aggravating factors) to even longer, whereas the misdemeanor counterpart is capped at one year in county jail.
• Collateral Consequences. Felony convictions trigger a lifetime firearm ban under Penal Code § 29800, disqualify individuals from many professional licenses, and often preclude housing or loan opportunities.
• Immigration Fallout. Under federal law, a single “crime involving moral turpitude” (CIMT) that is a felony, or two CIMT misdemeanors, may render a non-citizen deportable. A strategic 17(b) reduction can keep a client eligible for relief such as cancellation of removal.
• Reputation and Record Sealing. Felonies are public record anchors; even when later expunged, background check services often flag them. Misdemeanors, by contrast, are easier to expunge and, after recent reforms, may be automatically sealed in many situations.

Los Angeles County prosecutors weigh several issues before labeling a wobbler a felony or a misdemeanor. An experienced wobbler defense lawyer can often influence this decision by presenting early mitigation and legal arguments that support misdemeanor treatment.

• Seriousness of the Conduct. Did the alleged loss, injury, or threat of violence exceed ordinary misdemeanor limits?
• Amount of Loss or Injury. In property crimes, amounts exceeding $950 are frequently treated as felonies unless Proposition 47 mandates a misdemeanor status.
• Defendant’s Criminal History and Probation Status. Prior strikes, probation violations, or recent felony convictions significantly influence charging decisions.
• Victim Impact and Vulnerability. Aggressive victim statements and evidence of particular vulnerability (e.g., elder or child victims) can encourage felony filing.
• Public Interest and Media Attention. High-profile incidents sometimes receive more severe treatment.

Kraut Law Group Criminal & DUI Lawyers’ early-intervention strategy, often before charges are officially filed, presents mitigating evidence, victim restitution offers, and legal analysis to persuade the filing deputy that misdemeanor treatment (or even a rejection) better serves justice.

Below are some of the offenses most frequently charged as wobblers in Los Angeles courts:

• Assault with a deadly weapon (Penal Code § 245(a)(1)). Can be charged as a felony (2–4 years) or a misdemeanor (up to 1 year); the type of weapon and the severity of injuries influence the charge.
• Corporal injury to a spouse or cohabitant (Penal Code § 273.5). Felony (2–4 years) or misdemeanor (up to 1 year); participation in domestic violence programs can support reduction.
• Grand theft or second-degree burglary (Penal Code §§ 487 / 459). Felony (16 months–3 years) or misdemeanor (up to 1 year); property value under \$950 may qualify under Proposition 47.
• Identity theft (Penal Code § 530.5). Felony (16 months–3 years) or misdemeanor (up to 1 year); often filed with credit card fraud charges.
• Commercial burglary (Penal Code §§ 459–460(b)). Felony (16 months–3 years) or misdemeanor (up to 1 year); some retail theft cases qualify for diversion under recent laws.
• Vandalism over \$400 (Penal Code § 594(b)(1)). Felony (16 months–3 years) or misdemeanor (up to 1 year); community service or restitution may support a misdemeanor reduction.
• Unlawful taking of a vehicle (Vehicle Code § 10851). Felony (16 months–3 years) or misdemeanor (up to 1 year); vehicles valued under \$950 may qualify for Proposition 47 relief.

• Pre-Filing. Former L.A. Deputy District Attorney Michael Kraut leverages decades of insight into local charging desks to present exculpatory facts, psychological evaluations, or civil-compromise paperwork before a complaint is typed. Many wobblers quietly file as misdemeanors, or are outright rejected, because the prosecutor never sees a felony-oriented file.
• At Arraignment or Early Hearings. Penal Code § 17(b)(4) authorizes the court to deem the offense a misdemeanor any time before the preliminary hearing if good cause appears. A focused bail motion with mitigation exhibits can set the stage.
• At or After Preliminary Hearing. Once the judge finds no reasonable cause to believe a felony can be proved (PC § 871), the case must be dismissed. Alternatively, under § 17(b)(5), the court may reduce a wobbler immediately before imposition of sentence, even if the jury returned a felony verdict.
• Post-Conviction. A 17(b) motion (often paired with a petition to withdraw plea and re-plead) can be filed once probation is completed or a jail sentence ends. The same motion is usually combined with an expungement (PC § 1203.4) to maximize record cleaning.

• Immigration: Even minor felony wobblers labelled CIMTs can bar naturalization. A misdemeanor disposition often avoids being classified as an “aggravated felony.”
• Firearms: Federal law incorporates state definitions; therefore, once reduced, a wobbler-turned-misdemeanor usually restores federal gun rights (subject to DV carve-outs).
• Professional Licensing: Boards for nurses, realtors, and teachers must weigh “substantially related” conduct; a misdemeanor offers far better odds at probationary licensing or diversion.
• Military Enlistment and Security Clearances: Felony histories are automatic disqualifiers in many branches and defense-industry roles.

Because Kraut Law Group Criminal & DUI Lawyers maintains relationships with immigration counsel, licensing board specialists, and security clearance advisors, a skilled wobbler defense lawyer can align your criminal court strategy with your broader life plan.

• Experience on Both Sides. Managing Attorney Michael Kraut spent 14 years as a Los Angeles Deputy District Attorney, including service in the Hardcore Gang Homicide and Major Frauds divisions, before founding Kraut Law Group Criminal & DUI Lawyers. That insider perspective allows us to anticipate prosecutorial strategy and negotiate from a position of strength.
• Data-Driven, Client-Centered Advocacy. We pair traditional courtroom skills with forensic accounting, digital-evidence audits, and trauma-informed witness interviews to craft persuasive mitigation packages.
• Proven Track Record. Our firm has achieved reductions or outright dismissals in more than 90 percent of the wobblers we have handled over the past decade.
• Comprehensive Support. Whether you need an immigration-safe plea, professional license defense, or record clearing after a prior conviction, our in-house team and referral network cover the entire spectrum.

A wobbler charge is a critical juncture. The decisions made in the first days after arrest often determine whether you face a life-altering felony or emerge with a clean record. If you or a loved one has been arrested in Los Angeles, Riverside, San Bernardino, or Orange County, contact Kraut Law Group Criminal & DUI Lawyers for a free, confidential consultation. We are available 24/7 at (323) 464-6453 or (888) 334-6344, or use our secure online contact form.