What is a Wobbler in Criminal Law?

If you are facing criminal charges, having an experienced attorney on your side can be very important.  One reason is that criminal law has many intricacies, one of which is the wobbler. While the term may sound silly and unserious, the fact is that wobblers are very important in the criminal justice system. Effectively addressing a wobbler in a court of law can have a huge impact on the penalties you face, from incarceration to fines and beyond.  What, exactly, is a wobbler?

Definition 

According to Cornell Law School, wobblers are a unique class of crimes that could vary significantly in the level of seriousness. A number of offenses are wobblers, from money laundering to property defacement and from vehicular manslaughter to assault with a deadly weapon. Some of the most common wobbler cases include violating a protective order, certain drug charges, and some arson charges. Importantly, these crimes may be charged as either a misdemeanor or a felony, meaning the penalties diverge widely. A guilty verdict could land an offender in the county jail, with a simple fine, or with a heavy prison sentence.

Who Determines the Charge? 

The court looks at the specifics of cases involving wobblers to determine whether the crimes should be charged as misdemeanors or felonies. A number of factors may be considered, including the gravity of the crime and any previous charges the defendant may have accrued.

Benefits of Misdemeanor vs Felony 

Obviously, getting charged with a misdemeanor, even a gross misdemeanor, has far better outcomes for defendants than felony charges. In addition to penalties that are less severe, the social disgrace associated with felony charges is much harsher than is it for misdemeanors, and other issues won’t affect life:

• Felons cannot vote while behind bars;
• Felons cannot purchase or possess firearms, and could be charged with another felony if they violate this rule;
• Felons may have professional licenses revoked, suspended, or disqualified all together permanently;
• Felons may not serve on a jury while imprisoned;
• Felons may not hold public office for four years after imprisonment;
• Felons may not be eligible for student loans;
• Felons may not be eligible for public assistance;
• Felons may be denied housing;
• Felons may be denied employment opportunities;
• A felony record may sometimes be sealed after five to ten years+, although certain agencies and employers will still have access.

Fighting for You 

The dedicated Las Vegas criminal defense lawyers at Lobo Law have your best interests in mind.  We always put up a vigorous defense in an attempt to achieve the best possible outcomes for you. To discuss, schedule a confidential consultation in our Las Vegas office today.