Having a felony record is worse than having a misdemeanor. Did you know that it is possible to reduce your felony conviction into a misdemeanor? If you have a felony record you are unable to possess firearms or obtain certain types of jobs. If you reside in California there are about 140 different crimes that can be considered either felonies or misdemeanors. These are referred to as wobblers it all depends on the circumstances if you will be able to wobble a felony to a misdemeanor with the help on an attorney.
Crimes that may be “Wobblers” in California:
Assault with a Deadly Weapon
Battery on a Police Officer
Battery- Transit Personnel
Concealed Weapon without license by convicted felon
Conspiracy to cheat, Defraud or obtain money by false pretenses
Copulation with Minor between 16-18
Defrauding Hotel, Restaurant of over $400
Discharging Firearm in Building
Enticing Female under 18 for Prostitution
False Bomb Report
Forgery, Credit Card Forgery
Grand theft, use of stolen credit card for more than $400 within a 6 month period
Involuntary Manslaughter Vehicle
Possession of forged Bill or checks
Receiving stolen property
Rescuing a prisoner
Shooting at a dwelling
Theft- False Pretenses
Unlawfully Causing fire
Unlawful sexual intercourse with minor female
Vandalism – Damages Exceed $5,000
Health & Safety Code
Forgery or alteration of a prescription
Maintaining Place for purpose of selling narcotics
Planting and harvesting peyote
Possession of Concentrated Cannabis
Hit and Run with personal injury
If you were convicted of a “wobbler” and your attorney believes that they can reduce your felony into a misdemeanor you will need to first fill out a petition. It is best to wobble the felony into a misdemeanor and from there you can later get the misdemeanor conviction dismissed.
Another way you can help yourself is by applying for a certificate of rehabilitation. You can do this by filling a petition in the superior court in the county that you are currently living in. Just know that there are certain periods that you have to wait between the time you were released from prison or discharged from probation/parole before applying. If your petition is successful the court will declare you “rehabilitated” and recommend the governor to grant you a full pardon. This certificate does not remove your felony record but according to the law any person who has a certificate of rehabilitation shall not be denied a license solely on the ground of the felony record.
If you have any question regarding wobblers and applying to a certificate of rehabilitation feel free to contact me. Below is a link to my website for further questions.