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.
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.
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
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 619-452-2539 or emailing us at attorneys@hullingerfirm.com.