Understanding “Wobbler” Offenses
Certain crimes are classified as “wobbler” offenses, which can be charged as a felony or a misdemeanor at the prosecution’s discretion. Common examples of wobbler offenses include grand theft, assault with a deadly weapon, corporal injury to a spouse, and commercial burglary.
When determining whether to file a wobbler as a misdemeanor or a felony, the District Attorney’s Office evaluates specific aspects of your case. Prosecutors typically review the severity of the conduct, the financial or physical harm involved, and whether you have a prior criminal record.
If you’re facing a wobbler charge, early legal intervention is paramount to pursuing a fair outcome. Our attorneys intervene during the pre-file stage to present mitigating evidence, highlight weaknesses in the state’s case, and advocate for misdemeanor filings before felony charges are lodged with the court.
What Are the Penalties for a Felony Conviction?
A felony conviction carries harsh consequences. Penalties depend on the offense, whether aggravating factors were present, and your prior criminal history. Potential penalties include:
- Incarceration. Custody time served in a state prison or county jail.
- Determinate sentencing terms. Courts apply a tri-part sentencing framework, including a low, middle, or high term of incarceration.
- Substantial fines. Base fines up to $10,000, plus mandatory court assessments and victim restitution fees.
- Probation. Intensive court supervision involving regular check-ins, drug testing, and mandatory counseling or community service.
- Loss of civil rights. The temporary loss of voting rights while incarcerated and the lifetime loss of your right to own or possess firearms.
We can work to limit your sentencing exposure by presenting compelling mitigating factors, negotiating for county jail realignment under AB 109, and advocating for formal probation or court-ordered treatment programs in place of custody time when possible.
How the “Three-Strikes Law” Impacts Your Felony Case
California’s three-strikes law imposes enhanced prison terms for repeat felony offenders. Under state law, certain violent or serious felonies (such as robbery, residential burglary, arson, or assault resulting in great bodily injury) are classified as “strike” offenses. While most non-violent felonies don’t count as strikes, having a prior strike on your record can drastically increase the penalties for any new felony charge.
If you have one prior strike, the law automatically doubles your prison sentence. If you have two or more prior strike convictions, a new conviction for any violent felony results in a mandatory state prison sentence of 25 years to life. Our lawyers focus on auditing past records, filing Romero motions when appropriate, and identifying opportunities to reduce or eliminate enhancements when the law allows.
How Are Felony Cases Processed?
Felony cases generally involve the following stages:
Arrest
The defendant is arrested and taken to jail. At this point, the defendant may be released without charges filed, post bail or be released on their own recognizance (OR), or stay in jail to await the arraignment.
Arraignment
The arraignment is the first time the defendant appears in court. A judge or judicial officer will read the charges and advise the defendant of their rights. The defendant will enter a plea of guilty, not guilty, or no contest.
Preliminary Hearing
The judge will decide if there is sufficient evidence to “hold the defendant over” for trial. If so, the judge will hold the defendant “to answer” and the prosecutor will file a new charging document (“Information”) finalizing the exact charges the defendant will face at trial. The defendant must be formally read the finalized charges and enter another plea before the actual trial begins.
Jury or Court Trial
If the case isn’t dismissed or resolved through a plea bargain, it proceeds to trial. The defendant has the right to choose between a jury trial (where 12 impartial jurors will hear the evidence) or a court (bench) trial, where a judge determines the outcome.
Ruling & Sentencing
If the defendant is found not guilty, they are acquitted and the case is closed. If the defendant is convicted by a guilty verdict or through a negotiated plea agreement, the case moves to a sentencing hearing, where the judge will determine the penalties based on state sentencing guidelines, prior criminal record, and the circumstances of the case.
Post-Conviction Motions & Appeals
Following a guilty verdict, you may have the right to file post-conviction motions, such as requesting a new trial or appealing the outcome. An appeal is not a second trial, but a formal request for a higher court to review the record for specific legal or procedural errors that compromised your right to a fair trial.
Why Local Court Experience Matters in Felony Cases
Navigating a felony charge requires a strong understanding of local court procedures. Courtroom practices, judicial expectations, and prosecutor approaches vary across Riverside County courthouses. Our founding attorney is a former public defender with decades of experience, giving us valuable insight into how district attorneys examine evidence, structure plea offers, and prepare cases for trial.
When you choose our dedicated legal team, you can expect tenacious advocacy backed by proven results. We leverage our deep knowledge of prosecutor strategies to negotiate effectively, spot evidentiary weaknesses, and present a robust defense tailored to your case, making us well-equipped to protect your life and liberty in and out of the courtroom.
When your freedom is on the line, choose a criminal defense firm with 25+ years of experience. Contact us online to discuss your case.
