(a)A felony is a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.
(b)When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:
(1)After
a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.
(2)When the court, upon committing the defendant to a secure youth treatment facility, designates the offense to be a misdemeanor.
(3)When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.
(4)When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of arraignment or plea
objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint.
(5)(A)When the court determines, prior to trial, either on its own motion or the motion of a party, that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.
(B)Following a denial of a motion pursuant to subparagraph (A), a subsequent motion pursuant to subparagraph (A) may only be made upon a showing of changed circumstances, which includes, but is not
limited to, newly available facts relevant to the charge or defendant’s personal circumstances, or change in the applicable law.
(c)When a defendant is committed to a secure youth treatment facility for a crime punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail not exceeding one year, the offense shall, upon the discharge of the defendant from the secure youth treatment facility, thereafter be deemed a misdemeanor for all purposes.
(d)A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 in either of the following
cases:
(1)The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time they are arraigned, after being informed of their rights, elects to have the case proceed as a misdemeanor.
(2)The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction complaint.
(e)This section does not authorize a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found
the defendant guilty.
(f)When the court exercises its discretion under this section, an unfulfilled order of restitution or a restitution fine shall not be grounds for denial of a request or application for reduction.
Notes of Decisions
Jose Lopez-Vasquez v. Eric H. Holder Jr. (2013)
ca9 · cites it 8×
“HOLDER 7 (citing Cal. Penal Code § 17 (b)). “Whether a ‘wobbler’ is determined to be a misdemeanor or a felony is controlled by Cal.”
Ewing v. California (2003)
scotus · cites it 4×
“Most "wobbler" statutes classify the same criminal conduct either as a felony or as a misdemeanor, depending upon *49 the actual punishment imposed, Cal. Penal Code Ann. §§ 17(a), (b) (West 1999); ante, at 16-17, which in turn depends primarily upon whether "the rehabilitation…”
United States v. Viezcas-Soto (2009)
ca8 · cites it 10×
“2d at 681 (quoting Cal.Penal Code § 17). Thus, in Alotis , the California Supreme Court held that a defendant charged with a wobbler offense stood convicted only of the misdemeanor version of the offense where the state trial judge sentenced her to one year in the county jail,…”
United States v. Walter David Tallmadge (1987)
ca9 · cites it 6×
“The trial judge observed that because Tallmadge’s conduct while on probation was “exemplary” the court would “apply the maxim ‘to err is human and to forgive is divine’ ” and reduce the offense to a misdemeanor under Cal. Penal Code § 17 (West Supp.1987). The state prosecutor…”
Ruben Ceron v. Eric H. Holder Jr. (2014)
ca9 · cites it 4×
“3d at 430 ; Cal. Penal Code § 17 (a). But if the conviction is a misdemeanor, then the “county jail” provision applies and the maximum penalty is one year in county jail.”
Eduardo Velasquez-Rios v. William Barr (2020)
ca9 · cites it 4×
“3d at 844 ; Cal. Penal Code § 17 (b)(1). Garcia-Lopez’s offense was not classified as a misdemeanor or a felony when he accepted a guilty plea.”
United States v. Ozine Bridgeforth (2006)
ca9 · cites it 5×
“Because the wobbler did not meet the requirements of California Penal Code section 17(b), we held that Robinson’s prior conviction qualified as a felony under the career offender enhancement.”
Manduley v. Superior Court (2002)
cal · cites it 2×
“Esteybar said: "[S]ection 17, subdivision (b)(5), purports to vest in the prosecutor, admittedly an advocate, a power which may be exercised in a totally arbitrary fashion without regard to the circumstances of individual cases.”
People v. Mullins (2018)
calctapp5d · cites it 2×
“So I, having thought *212 about that, decided that in fact the Count Four should be treated as a felony.”
— Cal. Penal Code § 17(3) — 1 case
— Cal. Penal Code § 17(a) — 23 cases
Ewing v. California (2003)
scotus
“Most "wobbler" statutes classify the same criminal conduct either as a felony or as a misdemeanor, depending upon *49 the actual punishment imposed, Cal. Penal Code Ann. §§ 17(a), (b) (West 1999); ante, at 16-17, which in turn depends primarily upon whether "the rehabilitation…”
Ruben Ceron v. Eric H. Holder Jr. (2014)
ca9
“3d at 430 ; Cal. Penal Code § 17 (a). But if the conviction is a misdemeanor, then the “county jail” provision applies and the maximum penalty is one year in county jail.”
United States v. Walter David Tallmadge (1987)
ca9
“The trial judge observed that because Tallmadge’s conduct while on probation was “exemplary” the court would “apply the maxim ‘to err is human and to forgive is divine’ ” and reduce the offense to a misdemeanor under Cal. Penal Code § 17 (West Supp.1987). The state prosecutor…”
— Cal. Penal Code § 17(b) — 41 cases
United States v. Ozine Bridgeforth (2006)
ca9
“Because the wobbler did not meet the requirements of California Penal Code section 17(b), we held that Robinson’s prior conviction qualified as a felony under the career offender enhancement.”
— Cal. Penal Code § 17(b)(1) — 22 cases
United States v. Viezcas-Soto (2009)
ca8
“2d at 681 (quoting Cal.Penal Code § 17). Thus, in Alotis , the California Supreme Court held that a defendant charged with a wobbler offense stood convicted only of the misdemeanor version of the offense where the state trial judge sentenced her to one year in the county jail,…”
United States v. Ozine Bridgeforth (2006)
ca9
“Because the wobbler did not meet the requirements of California Penal Code section 17(b), we held that Robinson’s prior conviction qualified as a felony under the career offender enhancement.”
— Cal. Penal Code § 17(b)(2) — 1 case
— Cal. Penal Code § 17(b)(3) — 9 cases
United States v. Walter David Tallmadge (1987)
ca9
“The trial judge observed that because Tallmadge’s conduct while on probation was “exemplary” the court would “apply the maxim ‘to err is human and to forgive is divine’ ” and reduce the offense to a misdemeanor under Cal. Penal Code § 17 (West Supp.1987). The state prosecutor…”
— Cal. Penal Code § 17(b)(4) — 5 cases
— Cal. Penal Code § 17(b)(5) — 6 cases
Ewing v. California (2003)
scotus
“Most "wobbler" statutes classify the same criminal conduct either as a felony or as a misdemeanor, depending upon *49 the actual punishment imposed, Cal. Penal Code Ann. §§ 17(a), (b) (West 1999); ante, at 16-17, which in turn depends primarily upon whether "the rehabilitation…”
— Cal. Penal Code § 17(c) — 1 case
— Cal. Penal Code § 17(d)(1) — 2 cases
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.