A "wobbler" is a charge the Legislature wrote with two possible outcomes, a felony or a misdemeanor, under Penal Code section 17. Which one actually applies depends on how the prosecutor files the case, the facts and your record, and whether a judge reduces it to a misdemeanor under section 17(b), which can happen before trial, at sentencing, or after a grant of probation.
What makes a charge a "wobbler"
Many California crimes are written as a straight felony or a straight misdemeanor, with one fixed punishment range. A wobbler is different: the Legislature wrote the statute itself with two tracks, state prison or a felony county jail term under Penal Code section 1170(h) on one side and a county jail term or a fine on the other. Penal Code section 17(a) sets the baseline: a crime punishable by death, by imprisonment in state prison, or by a county jail term under section 1170(h) is a felony, and every other crime is a misdemeanor unless it is classified as an infraction. Section 17(b) is the part that applies to a wobbler, because the same statute allows either punishment. If a charge's own punishment clause gives the court that choice between a felony term and a county jail term or fine, it is a wobbler, and which category it lands in is not fixed the moment you are arrested.
Who decides how it gets filed
The first decision belongs to the prosecutor, not a judge. Under Penal Code section 17(b)(4), when the prosecuting attorney files a complaint in a court with misdemeanor jurisdiction and specifies that the offense is a misdemeanor, it is treated as a misdemeanor for all purposes, unless you object to that classification at your arraignment or when entering a plea, in which case the complaint is amended back to a felony and the case proceeds on that basis. The filing decision is the prosecutor's call, usually made before your first court appearance, and no statute sets out a standard the prosecutor must follow in making it, although the court can later reduce the charge before trial under section 17(b)(5), discussed below.
What factors go into that decision
Because no statute lists the factors for that filing choice, prosecutors' offices can weigh it differently, and the same kind of conduct can be filed differently from one case to the next. The details of the specific conduct alleged, your prior record, and how strong the evidence is are the practical points a defense lawyer can raise with the prosecutor before and after filing. The filed level can also move during negotiation: a prosecutor who files a felony complaint can still agree to resolve it as a misdemeanor in a plea agreement, though an offer can sometimes be withdrawn before you accept it (see when a prosecutor can withdraw a plea offer). A record that already includes an earlier strike can also change how a prosecutor evaluates the case; see when an earlier adjudication counts as a strike for how older cases carry forward.
Can a wobbler felony become a misdemeanor later
Yes, in some circumstances, even if the prosecutor originally filed it as a felony. Section 17(b) lists several points where that can happen. Under 17(b)(5), as amended by Assembly Bill 321 effective January 1, 2026, the court can determine at any point before trial, on its own motion or a motion by either side, that the offense is a misdemeanor, and the case then proceeds as if it had been filed as a misdemeanor; after a denial, a new motion requires a showing of changed circumstances, such as newly available facts or a change in the law. Under 17(b)(1), a judgment that imposes a punishment other than state prison or a felony county jail term under section 1170(h) makes the offense a misdemeanor for all purposes. Under 17(b)(3), when the court grants probation, it can declare the offense a misdemeanor at that time, or later on your application or the probation officer's. After judgment, a wobbler that ends in a state prison term or a felony county jail term under section 1170(h) generally falls outside these paragraphs, which is why probation is usually the path to a later reduction. Section 17(f) adds that an unfulfilled restitution order or restitution fine is not grounds for denying a reduction request. The district attorney can argue against a reduction, and the court is not bound by how the case was originally filed, so the facts and your conduct on probation can matter as much as the original charge.
What actually changes between a felony and a misdemeanor
The practical difference is not only the label. A few concrete differences come up often:
| Issue | If the case resolves as a felony | If the case resolves as a misdemeanor |
|---|---|---|
| Custody exposure | State prison, or a felony county jail term under section 1170(h), depending on the offense | County jail for no more than one year under Penal Code section 19.2, or less if the specific statute sets a lower limit, a fine, or both |
| Probation length if granted | Generally up to two years under Penal Code section 1203.1, with exceptions such as violent felonies and offenses that set their own probation length | Generally up to one year under Penal Code section 1203a, unless the offense sets its own probation length |
| Firearm rights | A felony conviction brings a lifetime firearm ban under Penal Code section 29800 | Many listed misdemeanors bring a 10 year firearm ban under Penal Code section 29805, and a misdemeanor conviction under section 273.5 on or after January 1, 2019 carries a lifetime ban under subdivision (b) of that same section |
Both paths can still lead to a later records step once the case itself is over. Expungement under Penal Code section 1203.4 is a separate question from a 17(b) reduction: a 17(b) reduction changes what the conviction legally counts as, while 1203.4 relief asks the court to set aside and dismiss a case that has already ended. A wobbler that is reduced to a misdemeanor can still need that separate step afterward.
What to do if your charge could go either way
Start by reading the actual charging document, since it will say whether the prosecutor filed a felony or misdemeanor complaint for your specific code section; see the general difference between misdemeanors and felonies if you need the baseline definitions first. Pull together anything relevant to the factors above: your record, the actual facts police reported, and whether you were on probation or parole for anything else at the time. Because the classification can still move at arraignment, during negotiation, on a motion before trial, at sentencing, or after a grant of probation, the earlier a lawyer reviews the charging document and the police report, the more of those decision points are still open.
For help evaluating a specific wobbler charge, contact the Law Offices of David S. Chesley at (800) 755-5174.