Criminal Charge Classification
California classifies its criminal charges into four classes pursuant to California Penal Code § 19
- Capital Felony
State vs. Federal
Additionally, both the Federal Courts and State Courts have independent authority to create and prosecute criminal offenses. This creates a system where an individual can be charged under both “jurisdictions” for the same set of facts. In practice, prosecutorial offices “work together” to determine what office will prosecute the defendant and thus, a defendant rarely faces both jurisdictions.
Wobbler and Wobblet Distinction
Some offenses can be charged in California either as a Felony or a Misdemeanor. These are called “wobbler” offenses. Those crimes that can be charged as a misdemeanor or infraction are called “wobblets”.
While the Prosecution decides what distinction to file the charge as initially, a judge ultimately has the final say about what distinction the charge will carry.
Why Our Firm?
On all criminal cases we offer a Free initial consultation. This is your chance to gain candid advice on potential outcomes and implications of your criminal charge. You will meet with our attorneys, go over the facts of your case, relevant law and San Diego procedures. You will leave with a checklist of items we feel will take your case to a successful outcome.