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Reduction of Felony to Misdemeanor | Oakland and Berkeley Criminal Attorney Services
Some felony charges and convictions in California can be reduced to misdemeanors (such charges are commonly called “wobblers”). The most important distinction between a felony and a misdemeanor is that a felony wobbler can be punished by multiple years in prison, while a misdemeanor wobbler is punishable by a maximum one year in county jail. The fines associated with felony convictions are also greater than for misdemeanors. A felony conviction will disqualify a person from many forms of employment, as well as from voting and gun possession (the reduction does not relieve the defendant of the federal prohibition on gun possession by felons).
A defendant charged with a felony wobbler should move the court to reduce the charge to a misdemeanor (a “17(b) motion”) at every opportunity, including after the issuance of a holding order at preliminary hearing, at sentencing, and by written motion after sentencing. The court retains the ability to reduce a felony wobbler to a misdemeanor even when strike priors are alleged. The Judicial Council form used for expungement petitions also contains a box that may be checked to request a reduction. A 17(b) motion should also be included in any written petition for expungement of a felony wobbler or motion for early termination of probation.
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