Is Your Misdemeanor A Wobblet?

Wobblet Charges Explained by
San Diego Defense Attorneys

Some California Misdemeanor Offenses “wobble down” to infraction status; these offenses are colloquially known as “wobblets.”

The prosecutor maintains the authority to charge an offense either as a misdemeanor or infraction. However, a judge has the final authority to order that an offense initially filed as a misdemeanor, be deemed an infraction.

The Basics – Penal Code 17d

Penal Code 17(d) allows both prosecutors and courts the ability to charge a Misdemeanor as an Infraction. It even allows the court to reduce your Misdemeanor to an Infraction years after the conviction.

According to PC 17d, a violation of any code section listed in PC 19.8 is an infraction subject to the procedures described in PC 19.6 and PC 19.7 when:

  • The prosecutor files a charge as an infraction; OR
  • The court determines the offense is an infraction

Learn how to Reduce Your Misdemeanor to an Infraction.

What violations does PC 19.8 list as wobblets?

Penal Code 19.8 lists the following offenses as wobblets:

Penal Code Wobblets

  • PC 193.8 – Habtual Traffic Offender
  • PC 330 – Unlicensed gaming
  • PC 415 – Disturbing the peace
  • PC 485 – Theft or appropriation of lost property
  • PC 490.7 – Unauthorized taking of multiple newspapers
  • PC 555 – Enter or remain on posted property without permission
  • PC 602.13 – Entering an enimal enclosure without permission
  • PC 652 – Body piercing of a minor under 18 without guardian permission
  • PC 853.7 – Willful violation of written promise to appear
  • PC 532b(c) – Claim Decorated Veteran w/intent to Defraud
  • PC 602(n) – Vehicle trespass onto private property

Business and Professions Code Wobblets

  • BP 25658(b) – Minor under 21 years old purchasing or consuming alcohol
  • BP 21672 – Knowingly selling unlicensed or counterfeit sports trading cards
  • BP 25658.5 – Furnishing alcohol to a minor
  • BP 25611 – Advertisement of alcohol signs
  • BP 25662 – Possession of alcohol by a minor

Government Code Wobblets

  • GC 27204 – Attempting to record an unrecordable form

Vehicle Code Wobblets

  • VC 12500 – Driving without a license
  • VC 14601.1 – Driving on a suspended license
  • VC 23109(c) – Exhibition of speed
  • VC 27150.1 – Sale of exhaust systems
  • VC 40508 – Violation of promise to appear or promise to pay fine
  • VC 42005 – Failing to obey court ordered traffic school

Learn More…

If you have a Misdemeanor on your record, and it’s listed above, give our office a call for a Free Consultation on having it reduced to an infraction by calling 619-649-2424 or emailing us at attorneys@hullingerfirm.com.

 

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Scott Hullinger, Esq.

Scott Hullinger, Esq.

Criminal and Civil Attorney

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