Scott, McNeill, Burney & Kruse, PLLC

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Is it possible to reduce your felony offense to a misdemeanor?

In most cases, offenses are categorized as either misdemeanors or felonies. However, there are certain situations where an offense could be considered both a misdemeanor and a felony. These are called, "wobblers." Some offenses have the potential to "wobble" between a misdemeanor and a felony.

What is a wobbler?

A wobbler is a felony offense that can be minimized to a misdemeanor. There are certain offenses that can be considered felonies or misdemeanors. Wobblers mostly depend on the scenario of the case and what degree the prosecutors decide to file the charge as. Your past record can also influence a charge change as well. Repeat offenders usually don't receive as much leeway as first time offenders do.

Wobblers can occur during plea bargains or if the judge feels that the offense doesn't deserve the title of a felony. Reducing a charge requires legal expertise; it is best to first consult with a criminal defense lawyer before making any deals.

What can be considered a wobbler offense?

There are certain offenses that are highly unlikely to be considered a wobbler. These include things like second time offenders, murder or assault with a deadly weapon. Here are some offenses that could be either misdemeanors or felonies:

  • Assault or battery - without a deadly weapon
  • Theft or burglary
  • Certain drug charges
  • Some DUI charges

Having an offense reduced mostly relies on the severity of the offense, previous record and the judge. It is not a guarantee that if you petition to have your offense reduced that a judge will agree. The best way to help your case is to speak with a defense attorney. Someone who knows the law and the court system will be able to provide the best advice and guidance.

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Scott, McNeill, Burney & Kruse, PLLC

Scott, McNeill, Burney & Kruse, PLLC 9946 E Bankhead Hwy Aledo, TX 76008 Phone: 817-953-5081 Fax: 817-441-2118 Aledo Law Office Map

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