CATEGORY: ‘Felony Charges’

What Does being Charged with a “Wobbler” Offense in California Mean?

Thursday, October 6th, 2011

The term “wobbler” is one that is frequently used with regards to the penalties, punishment, and sentencing associated with California crimes.

California law defines a “wobbler” as an offense that prosecutors can elect to file as either a misdemeanor or a felony, depending on

1. the specific facts of the case, and

2. your criminal history.

If the facts of your case are severe…and/or you have a criminal history that justifies a harsh punishment…prosecutors will likely charge you with a felony. Conversely, if this is your first offense…and/or there are mitigating facts that can excuse or reduce some of your criminal culpability…prosecutors may be more likely to charge you with a misdemeanor.

There are certain rights and privileges that are revoked when you are convicted of a felony. As long as your offense remains a misdemeanor, you will preserve some of these rights (such as the right to own or possess firearms) And, in the unfortunate event, you are charged with a wobbler felony, you can later petition the court to have your felony conviction reduced to a misdemeanor. This relief isn’t available for “straight” felonies…that is, felonies that are not classified as wobblers.

The bottom line is that if you’ve been charged with a wobbler, our team of experienced Southern California criminal defense attorneys know the most effective arguments for convicting prosecutors and judges to minimize your potential penalties by charging you with a misdemeanor instead of a felony. The difference between a felony and a misdemeanor is an enormous one for one’s record and the possible consequences.

If you or someone you know has been accused of a crime, you will need an experienced Southern California defense attorney who will aggressively defend you to obtain the best possible result. At Wallin & Klarich, we have helped people accused of robbery allegations for over 30 years. Call us at (888) 764-2615 or visit our website at www.wklaw.com. We will be there when you call.

Former Major League Baseball Player, Lenny Dykstra, Charged With Bankruptcy Fraud

Monday, April 25th, 2011

Lenny Dykstra, the three-time All-Star major league baseball player is facing a single felony count for bankruptcy fraud for allegedly removing and selling pieces of his estate. The former New York Mets World Series Champion is facing federal charges after he was arrested by the Los Angeles Police Department for suspicion of grand theft by [...]

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RECENT CHANGE TO FELONY PETTY THEFT LAW – PENAL CODE SECTION 666

Monday, January 3rd, 2011

In September 2010, then-Governor Schwarzenegger signed an amendment to Penal Code section 666 requiring three prior petty theft convictions before a person can be charged with a felony petty theft.  Previously, a person could be charged with felony petty theft after just one prior petty theft. The amendment was signed as part of “Chelsea’s Law,” [...]

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DUI DRIVER CONVICTED IN THE DEATH OF ANGEL’S PITCHER

Monday, September 27th, 2010

The Associated Press reports on September 27, 2010 that: A jury convicted a man of murder Monday in the drunken-driving deaths of promising Los Angeles Angels pitcher Nick Adenhart and two other people.  The jury also found Andrew Gallo, 23, guilty of hit-and-run and driving under the influence of alcohol and causing great bodily injury. [...]

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What you need to know about Carjacking – California Penal Code section 215

Tuesday, May 18th, 2010

The most important thing to do if you have been charged with carjacking is to immediately contact an experienced criminal defense attorney. Carjacking is a very serious felony in California. Carjacking is punishable in California by up to 9 or more years in prison depending upon whether a weapon was involved in the commission of [...]

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How an Experienced Southern California Embezzlement Attorney Can Help You Fight Embezzlement Charges

Thursday, March 18th, 2010

It was recently reported that a former California State Bar employee was sentenced to two years and eight months in prison and ordered to pay $900,000 in restitution for stealing $675,000 from the agency. Sharon Pearl was charged with embezzlement in California and six separate counts of filing false income tax returns. Pearl used the [...]

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I am Accused of Marijuana Sales – What Should I Do? – California Health and Safety Code Section 11360

Tuesday, March 16th, 2010

If you or someone you know has been charged with marijuana sales under California Health and Safety Code Section 11360, it is critical that you speak with an experienced criminal defense attorney. An attorney with drug crimes experience will know how to aggressively defend the charges to obtain the best possible result. Selling marijuana is [...]

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Randy Quaid and Wife Facing Felony Charges

Monday, March 1st, 2010

Actor Randy Quaid and his wife are currently facing felony charges according to a recent report by KTLA. The two plead not guilty in a Santa Barbara courtroom to felony fraud charges. The charges stem from an earlier event in which Quaid and his wife, Evi, allegedly racked up a $10,000 bill at a ranch [...]

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California Supreme Court Holds that Murder Accomplice is Not Liable For First Degree Murder When the Victim Killed a Coconspirator – Penal Code Section 664(a)

Thursday, February 18th, 2010

Why Having an Experienced Appellate Attorney Can Be the Difference between Jail and Freedom A recent California Supreme Court decision, People v. Concha, held that the jury must be instructed about the provocative murder doctrine when deciding whether or not to convict the defendant of first degree murder. The provocative murder doctrine states that an [...]

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How to Defend a Felony Case, Part 10: Trial

Thursday, February 11th, 2010

At Wallin & Klarich, we have defended thousands of people in southern California against felony charges. Many of our clients find us through our website. One of the questions we are frequently asked is what an attorney can do to defend them against felony charges. We have already discussed the first, second, third, fourth, fifth, [...]

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