A Criminal Attorney in Long Beach Discusses Reducing a Felony to a Misdemeanor

In California a felony is a crime punishable by death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions. Pen C §§17(a), 18. Some offenses include alternative penalties, i.e., confinement in state prison or in the county jail. Such an offense is a felony when the punishment is confinement in state prison and a misdemeanor when any other punishment is imposed. This type of offense, with alternative sentences, is commonly called a “wobbler.” A Long Beach Court Judge may determine that a wobbler charged as a felony is a misdemeanor and accordingly reduce the charge at or before the preliminary hearing. The magistrate may make this determination either on a party’s motion or on the magistrate’s own motion after considering the evidence. Pen C §17(b)(5). The magistrate does not need the prosecution’s consent to reduce a  A magistrate may reduce a wobbler, even in a “three strikes” case, these motions are often brought by formal motion by a Long Beach Criminal Attorney.

One Response to A Criminal Attorney in Long Beach Discusses Reducing a Felony to a Misdemeanor

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