Felony vs. Misdemeanor in California: Wobblers Explained

Felony vs. misdemeanor: the basics

California criminal law divides offenses into three categories: infractions (traffic-style tickets, no jail), misdemeanors (up to 1 year county jail), and felonies (more than 1 year, state prison). The difference matters enormously for sentencing, collateral consequences, and life after the case.

Misdemeanor consequences

• Up to 6 months county jail (standard) or 1 year (gross misdemeanor)
• Fines up to $1,000 (statute-dependent)
• Probation up to 1–3 years
• Misdemeanor on record (visible to most employers)
• Limited collateral effect on housing, employment, immigration

Felony consequences

• 16 months, 2 years, or 3 years in state prison (low/mid/high terms) — varies by statute
• "Strike" felonies under Three Strikes Law double future sentences and require 80% time served
• Loss of gun rights for life
• Loss of voting rights while incarcerated
• Bar to many professional licenses (real estate, nursing, teaching, law)
• Severe immigration consequences for non-citizens (deportation, inadmissibility)
• Felony on record permanently (until expunged)

Wobblers — the gray zone

A wobbler is an offense that can be charged either way. The DA decides at filing; the judge can reduce later. Common wobblers in Orange County:

• PC 245(a)(1) — Assault with a deadly weapon
• PC 273.5 — Corporal injury to a spouse / cohabitant (domestic violence)
• PC 459 — Burglary (commercial burglary; residential is felony only)
• PC 487 — Grand theft
• PC 422 — Criminal threats
• PC 12022.7 — Great bodily injury enhancement (some forms)
• HS 11377 — Possession of methamphetamine (post-Prop 47, mostly misdemeanor)
• VC 23153 — DUI causing injury

How prosecutors decide: felony or misdemeanor?

The Orange County District Attorney considers:

• Severity of harm caused
• Defendant's criminal history (especially priors)
• Whether a weapon was used
• Vulnerability of the victim
• Strength of evidence
• Prosecutor's office filing policy

An experienced defense attorney can often persuade the DA at the filing or pre-filing stage to charge a wobbler as a misdemeanor — saving you years of consequences before charges are even filed.

PC 17(b) — reducing a felony to a misdemeanor

Under Penal Code 17(b), a judge can reduce a felony wobbler to a misdemeanor:

1. At sentencing — judge declares the offense a misdemeanor instead of granting felony probation
2. After successful probation — your attorney files a 17(b) motion at the same time as the expungement petition
3. At preliminary hearing — rare but possible if evidence is weak

Once reduced, the conviction is a misdemeanor for nearly all purposes — restoring gun rights (in non-DV cases), lifting most immigration issues, and improving expungement prospects.

Why this matters at the Central Justice Center

The Orange County DA aggressively files wobblers as felonies. A skilled attorney can negotiate at the pre-filing or arraignment stage to keep the charge a misdemeanor, or build a record that supports later 17(b) reduction. With 30+ years at the Central Justice Center, our office knows how each judge and DA division approaches wobbler decisions.

Charged with a wobbler in Orange County? Contact our office for a free consultation.