Understanding How Certain Felonies Can Be Reduced to a Misdemeanor

January 19, 2024

Navigating the complexities of the criminal justice system in California often involves understanding the nuances of how certain felonies can be reduced to misdemeanors. Central to this process is California Penal Code 17(b), a pivotal statute that provides the courts with the authority to reclassify specific felonies as misdemeanors under certain conditions. This mechanism is not only a cornerstone of California’s criminal law but also a crucial element for defendants seeking a reduction in charges and the associated consequences.

The Concept of “Wobblers” in California Law


In California, certain crimes are designated as “wobblers.” This term refers to offenses that can be charged either as a felony or a misdemeanor, depending on various factors, including the details of the case and the defendant’s criminal history. The distinctive feature of a wobbler is its flexibility in charging and sentencing, providing prosecutors and judges with discretion based on the circumstances of each case.

To determine if a crime is a wobbler, one must look closely at the crime’s statute. If the statute states that the punishment can be either less than one year or over one year, it indicates a wobbler. This is because the maximum sentence for a misdemeanor in California is one year in county jail. Hence, if a statute offers this range of sentencing, it implicitly acknowledges the possibility of the offense being charged as either a misdemeanor or a felony.

Factors Influencing the Charge Decision


Several factors influence whether prosecutors decide to charge a wobbler as a felony or a misdemeanor. These include:

  1. Defendant’s Criminal Record: A defendant with a significant criminal history is more likely to be charged with a felony, whereas a first-time offender may be more likely to face misdemeanor charges.
  2. Sophistication of the Crime: The complexity and planning involved in the commission of the crime can impact the level of charges. More sophisticated crimes tend to attract felony charges.
  3. Significance of the Loss Figure: In cases involving theft or fraud, the value of the loss can be a determining factor. Higher loss figures often result in felony charges.

The Process of Reduction Under Penal Code 17(b)


For a felony to be reduced to a misdemeanor under Penal Code 17(b), the defendant must petition the court. This typically occurs either during sentencing or post-conviction. The court then considers various factors, including those mentioned above, as well as the defendant’s overall character and the specifics of the case.

The reduction process involves a careful judicial review, where the judge weighs the nature of the crime, the defendant’s criminal history, and the potential impact on public safety. The decision to grant a reduction is at the discretion of the judge, making it crucial for defendants to present a compelling case for why a reduction is warranted.

Benefits of Reduction


Reducing a felony to a misdemeanor can have significant implications for a defendant. These benefits include:

  1. Reduced Sentencing: Misdemeanors carry lighter sentences compared to felonies, often resulting in shorter jail time or alternative sentencing options like probation.
  2. Employment Opportunities: A misdemeanor conviction, compared to a felony, is generally viewed more favorably in employment contexts, potentially opening up more job opportunities.
  3. Civil Rights: Individuals with felony convictions may lose certain civil rights, like the right to vote or possess firearms. Reducing a felony to a misdemeanor can help in retaining or restoring these rights.
  4. Social Stigma: The stigma associated with a misdemeanor is typically less severe than that of a felony, which can be beneficial in social and community interactions.

Navigating the Legal Landscape with Expert Guidance


The process of reducing a felony to a misdemeanor under Penal Code 17(b) represents an important aspect of California’s criminal justice system, providing a pathway for certain defendants to mitigate the long-term impacts of their convictions. Understanding the intricacies of wobblers and effectively navigating the reduction process requires knowledgeable and experienced legal representation.

For individuals facing charges that qualify as wobblers, engaging with a skilled attorney can be crucial in influencing the outcome of their case. An attorney can provide valuable guidance on the likelihood of charge reduction, assist in petitioning the court, and advocate on the defendant’s behalf. This legal expertise is not just about maneuvering through the judicial system; it’s about securing a future with fewer legal burdens and more opportunities for rehabilitation and reintegration into society.

If you’re seeking to reduce your felony to a misdemeanor, contact the Law Offices of John D. Rogers to schedule a consultation with an experienced Orange County criminal defense attorney.

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