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Reducing a Felony to a Misdemeanor in California

Reducing a Felony to a Misdemeanor in California

Under California law, some crimes can be classified as either misdemeanors or felonies. These crimes, also known as wobblers, can be declared a misdemeanor by the judge under certain circumstances. A considerable number of crimes are considered wobblers in California, and an experienced attorney can help you argue your case to the judge. California Penal Code 17b states that,

When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:
  • When the judge sentences the person charged with a crime of a punishment other than imprisonment in county jail or state prison;
  • When the person charged with a crime is committed to the Division of Juvenile Justice by the court and their offense is designated as a misdemeanor;
  • When the person charged with a crime is granted probation by the court, and isn’t sentenced to prison or jail;
  • When the prosecuting attorney file a complaint with the court stating that the offense should be classified as a misdemeanor;
  • When the magistrate determines, before or during the preliminary examination that the offense should be classified as a misdemeanor.

If you were charged with a crime in California, the most important thing you can do right now is hire legal representation. At Premier Criminal Defense, LLC, we understand what it takes to fight for and secure the verdict you need, and we have the knowledge and experience you can count on. Our San Diego criminal defense lawyers are ready to provide you with the legal assistance you require – call us at (619) 304-9190 or fill out our online form to discuss your case with a member of our firm today.

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