In most cases, prosecutors classify crimes as a felony or misdemeanor. However, there are certain types of offenses that can be charged as either a felony or misdemeanor, depending on the circumstances of the crime.
These are wobbler offenses, also known as dual-classification crimes or alternate felony/misdemeanor. If you are facing felony charges but the offense is a wobbler, here is some crucial information that can help you seek the best outcome possible.
What is a wobbler offense?
A wobbler is a classification of crimes that vary in severity. Judges or prosecutors can charge wobbler offenses as either misdemeanors or felonies, depending on several factors:
- The severity of the crime
- The age of the accused
- The impact on the victim
- The accused’s criminal history
- The accused’s remorse and willingness to change
The seriousness of the offense is often the biggest factor that comes into play. For example, assault with a deadly weapon falls under the wobbler class. Serious injuries to the victim and the use of a highly dangerous weapon, such as a firearm, can push the chase toward a felony.
On the other hand, if the victim suffered minor injuries and the weapon was something less dangerous like a knife, a misdemeanor is possible.
Can you reduce a felony to a misdemeanor?
Whether a crime is charged as a felony or misdemeanor is up to the discretion of the judge or prosecutor. Generally, the prosecutor will be the first to levy the charge. However, judges are not bound by their decisions.
What if the prosecutor charges you with a felony? In that case, a criminal defense attorney can help you seek a lesser charge. For instance, they can present mitigating factors that may reduce your liability, such as a lack of a criminal record or the fact that the crime was not violent.
Why your case is worth fighting for
There is a world of difference between a felony and a misdemeanor. Felonies often come with severe consequences, including incarceration in a state prison and hefty fines. Misdemeanors carry less grave punishments, such as probation, lesser fines, community service, and, in the worst cases, time in a county jail.
Even if there is only a small chance of reducing your charge, don’t hesitate to explore your legal options.