Wobbler
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A wobbler is a crime that can be charged as either as a felony or a misdemeanor. If charged as a felony, a wobbler can be reduced to a misdemeanor under Penal Code section 17(b) as an Esteybar motion. The following is a non-comprehensive list of wobblers:
| Code | Crime | Notes |
| BPC650 | Incentives to refer patients | |
| BPC729 | Sexual exploitation with multiple victims or multiple acts or prior convictions | |
| BPC1282.3 | Reckless handling of lab tests or results | |
| BPC2052 | Unauthorized practice of medicine | |
| BPC4324 | Forgery of prescription | |
| BPC6126(b) | Unauthorized practice of law by disciplined lawyer | |
| BPC7027.3 | Unlawful use of contractor's license | |
| BPC17511.9 | Fraudulent telemarketing | |
| BPC22430 | Fake ID | |
| Civ. Code 2945.4 | Unlawful foreclosure | |
| Civ. Code 2985.3 | Misuse of funds | |
| Corp. Code 25540 | Violation of securities law | |
| Gov. Code 6201 | Steal/destroy/alter public record | |
| Harb. & Nav. Code 655(f) | Boating under the influence with injury | |
| HSC11100(f)(2) | Failure to submit transaction report with prior | |
| HSC11154 | Unlawful prescribing of controlled substance | |
| HSC11156 | Prescription to addict | |
| HSC1162.5 | Possession of prescription blank | |
| HSC11173 | Obtaining controlled substance by fraud | |
| HSC11350(b) | Possession of depressants | |
| HSC11355 | Sale of fake controlled substance | |
| Made straight misdemeanor by Prop 47 | ||
| HSC11363 | Cultivation of peyote | |
| HSC11366 | Maintaining place to sell or use controlled substances | |
| HSC11366.5(a) | Place for manufacturing or distribution of controlled substances | |
| HSC11366.7 | Sale of equipment to manufacture controlled substances | |
| HSC11366.8(a) | False compartment to conceal controlled substances | |
| HSC11368 | Forged prescription | |
| HSC11370.6(a) | Possesssion of >$100,000 for controlled substances | |
| HSC11370.9 | Drug money | |
| HSC11371 | Soliciting minor to violate prescription laws | |
| HSC11371.1 | Inducing minor to violate controlled substances laws | |
| HSC11374.5 | Unlawful disposal of hazardous material | |
| HSC11375(b)(1) | Possession for sale of prescribed drugs | |
| Made straight misdemeanor by Prop 47 | ||
| HSC11379.2 | Possession for sale or sale of ketamine | |
| HSC11382 | Sale of fake controlled substances | |
| HSC11391 | Sale or transportation of mushrooms | |
| HSC11550(e) | Under the influence with a loaded firearm | |
| HSC12072 | Furnishing fireworks to minor | |
| HSC12761 | Unlawful use of flamethrower | |
| HSC25189.5(b) | Unlawful disposal of hazardous waste | |
| HSC25189.5(c) | Unlawful transportation of hazardous waste | |
| HSC25189.5(d) | Unlawful storage of hazardous waste | |
| HSC25189.6(a) | Unlawful handling of hazardous waste | |
| Ins. Code 1871.4 | Worker's compensation fraud | |
| Ins. Code 11880(a) | False statement for worker's compensation | |
| PC32 or PC33 | Accessory after the fact | |
| PC69 | Resisting executive officer | |
| PC71 | Threaten public employee | |
| PC72 | False claim to public officer with intent to defraud | |
| PC76 | Threaten public official or judge | |
| PC96.1 | Threatening juror after verdict | |
| PC115.1 | Use of unauthorized signature in campaign ad | |
| PC118.1 | False report by peace officer | |
| PC136.1(a) | Intimidation of witness from testifying at trial | |
| PC136.1(b) | Dissuading witness from reporting crime | |
| PC136.5 | Possession of weapon to dissuade witness | |
| PC139(a) | Threaten witness | |
| PC140 | Threaten witness because of assistance in prosecution | |
| PC146a(b) | Impersonating state officer | |
| PC148(b) | Resisting peace officer with weapon removal | |
| PC148(d) | Resisting peace officer with firearm removal | |
| PC148.1 | False bomb report | |
| PC148.10(a) | Resisting peace officer causing injury | |
| PC149 | Assault by peace officer | |
| PC153 | Compounding or concealing a crime | |
| PC166(c)(4) | Violation of court order with prior | |
| PC171b | Weapon in public building | |
| PC171c | Firearm on state grounds | |
| PC171d | Firearm at official's residence | |
| PC182 | Conspiracy | |
| PC182.5 | Participation in criminal street gang | |
| PC186.22(a) | Gang activity | |
| PC186.22(d) | Aiding street gang | |
| PC186.28 | Supplying firearm for use in gang activity | |
| PC191.5(b) | Vehicular manslaughter while intoxicated without gross negligence | |
| PC192(c)(1) | Vehicular manslaughter with gross negligence | |
| PC192.5(b) | Vehicular manslaughter involving vessel while intoxicated | |
| PC192.5(c) | Vehicular manslaughter involving vessel with gross negligence | |
| PC217.1(a) | Assault on government official | |
| PC218.1 | Obstructing railroad track | |
| PC219.2 | Throwing object at train | |
| PC241.1 | Assault on custodial officer | |
| PC241.4 | Assault on school peace officer | |
| PC241.7 | Assault on juror | |
| PC243(c) | Battery on officer with injury | |
| PC243(d) | Battery with serious bodily injury | |
| PC243.3 | Battery on transit personnel with injury | |
| PC243.4 | Sexual battery | |
| PC243.6 | Battery on school employee with injury | |
| PC243.7 | Battery on juror | |
| PC244.5(b) | Assault with stun gun | |
| PC244.5(c) | Assault with stun gun on officer | |
| PC245(a)(1) | Assault with deadly weapon | |
| PC245(a)(2) | Assault with firearm | |
| PC245(a)(4) | Assault with great bodily injury | |
| PC245.5(a) | Assault with deadly weapon on school employee | |
| PC245.5(b) | Assault with firearm on school employee | |
| PC245.5(C) | Assault with stun gun on school employee | |
| PC246 | Shooting at inhabited house | |
| PC246.3(a) | Grossly negligent discharge of firearm | |
| PC247(b) | Discharge of firearm at uninhabited building | |
| PC247.5 | Discharge of laser at aircraft | |
| PC261.5(c) | Sex with minor with >3 years difference | |
| PC261.5(d) | Adult having sex with 16-year old or younger | |
| PC266 | Enticing minor for prostitution | |
| PC266c | Obtain sex by false statement with intent to create fear | |
| PC270 | Failure to provide for child | |
| PC271 | Desertion of child | |
| PC271a | Abandonment of child | |
| PC273a(a) | Child abuse | |
| PC273d(a) | Traumatic injury on child | |
| PC273.5 | Corporal injury on spouse or significant other | |
| PC273.6 | Disobeying court order with prior | |
| PC278 | Child stealing | |
| PC278.5 | Child stealing | |
| PC280(b) | Concealing child out of state | |
| PC281 | Bigamy | |
| PC286(b)(1) | Sodomy on minor | |
| PC286(e) | Sodomy in prison | |
| PC286(h) | Sodomy on incompetent | |
| PC288(c)(1) | Lewd and lascivious act on 14- or 15-year old | |
| PC288(c)(2) | Lewd and lascivious act on dependent person | |
| PC288a | Oral copulation on minor | |
| PC288.2 | Giving lewd material to minor | |
| PC289(c) | Sexual penetration on incompetent | |
| PC289.6(a) | Sex with consenting confinee | |
| PC290.018(f) | Failure of SVP to maintain registration | |
| PC311.1 | Distribution of obscene matter depicting minors | |
| PC311.2(c) | Distribution to adults of matter depicting minors engaging in sex | |
| PC311.4(a) | Use of minor in making PC311.2 matter | |
| PC311.10 | Sale or distribution of child porn | |
| PC311.11 | Possession of child porn | |
| PC314 | Indecent exposure after unconsented entry | |
| PC332 | Obtaining money by fraudulent game or trick | |
| PC334 | Use of hidden device to diminish chance | |
| PC337a | Bookmaking | |
| PC337f(a) | Fixing horse race | |
| PC337i | Transmitting race information | |
| PC347(c) | False report of poison | |
| PC347b | Furnishing alcoholic containing poison | |
| PC350(a)(2) | Counterfeit of registered mark | |
| PC350(b) | Counterfeit of registered mark with prior | |
| PC368(b)(1) | Causing pain to elder or dependent adult | |
| PC368(d)(1) | Theft from elder or dependent adult | |
| PC368(e)(1) | Theft from elderly or dependent adult | |
| PC374.2 | Dumping that causes damage to sewer | |
| PC374.8(b) | Dumping hazardous material | |
| PC387 | Concealing bad business practices | |
| PC399(b) | Vicious animal causing injury | |
| PC399.5(a) | Attack dog biting human | |
| PC404.6(c) | Inciting riot in jail or prison | |
| PC417(b) | Brandishing firearm in daycare center | |
| PC417(c) | Brandishing firearm in presence of officer | |
| PC417.6 | Brandishing firearm with serious bodily injury | |
| PC422 | Criminal threat | |
| PC422.7 | Hate crimes | |
| PC452(a) | Arson with GBI | |
| PC452(b) | Arson on inhabited structure | |
| PC452(c) | Arson of structure or forest | |
| PC453 | Possession of flammable materials | |
| PC459/460(b) | Burglary | Only 2nd-degree or commercial burglary is wobbler |
| PC463 | Looting | |
| PC470 | Forgery | |
| PC470a | Creation of forged driver's license | |
| PC470b | Possession of forged driver's license | |
| PC476a | Forged or Not Sufficient Funds check | |
| PC481.1 | Counterfeit public transit ticket | |
| PC483.5(a) | Fake ID | |
| PC484 | Theft | |
| PC484b | Fraud | |
| PC484c | Obtain funds with false voucher | |
| PC484e | Credit card theft | |
| PC484f(a) | Forged credit card | |
| PC484f(b) | Forged signature | |
| PC484g | Fraudulent use of credit card | |
| PC484h | Credit card fraud | |
| PC484i(b) | Forged credit card | |
| PC484.1 | Defrauding pawnbroker | |
| PC485 | Not returning lost property | |
| PC487 | Grand theft | |
| PC487a | Theft of animal carcass | |
| PC487b | Theft of real property | |
| PC487d | Theft of gold dust, amalgam, or quicksilver | |
| PC487e | Theft of dog | |
| PC487g | Theft of animals | |
| PC487h | Theft of cargo | |
| PC487i | Defrauding public housing authority | |
| PC487j | Theft of copper | |
| PC496 | Receiving stolen property | |
| PC496a | Purchasing stolen metals | |
| PC496c | Copy record of title without consent | |
| PC496d | Receiving stolen vehicle | |
| PC498 | Theft of utilities | |
| PC499 | Theft of vehicle with prior | |
| PC502 | Unauthorized computer access | |
| PC502.5 | Theft of fixtures or improvements | |
| PC502.7 | Telephone service fraud | |
| PC502.8 | Illegal telephone equipment with prior | |
| PC503 | Embezzlement | |
| PC504 | Embezzlement by public officer | |
| PC524 | Attempted extortion | |
| PC529 | Fraud by impersonation | |
| PC530.5(a) | Identity theft | |
| PC530.5(c)(2) | Identity theft | |
| PC530.5(c)(3) | Identity theft | |
| PC530.5(d)(1) | Identity theft | |
| PC532a | False financial statement | |
| PC532f | Mortgage fraud | |
| PC535 | Mock auction | |
| PC537 | Defrauding innkeeper | |
| PC537e | Removal or alteration of serial number | |
| PC549 | Soliciting fraudulent insurance claim | |
| PC550 | Insurance fraud | |
| PC551 | Fraudulent auto repair | |
| PC570/571 | Unlawful subleasing of vehicle | |
| PC587 | Obstruct railroad | |
| PC591 | Damage telephone, cable television, or electric line | |
| PC593 | Interfering with power lines | |
| PC594 | Vandalism | |
| PC594.3 | Vandalism of place of worship | |
| PC594.4 | Vandalism using acid | |
| PC597 | Cruelty to animals | |
| PC597b | Animal fighting with prior | |
| PC600 | Injury to police dog | |
| PC601 | Trespass with threat of injury | |
| PC620 | Altering telephone message | |
| PC621 | Vandalism of law enforcement or firefighter's memorials | |
| PC625(b) | Tampering with aircraft to make it unsafe for flight | |
| PC626.10 | Possession of weapons on school grounds | |
| PC626.95 | Weapons in playground or youth center | |
| PC631 | Wiretapping | |
| PC632 | Eavesdropping on confidential communication | |
| PC632.5 | Interception of cell phone | |
| PC632.6 | Interception of cordless phone | |
| PC634 | Trespass to invade privacy | |
| PC635 | Sale of eavesdropping device | |
| PC636(b) | Eavesdropping on attorney, priest, or doctor's communication | |
| PC637 | Wrongful disclosure of telephone communications | |
| PC637.1 | Interception of telegraph | |
| PC641.3 | Commercial bribery | |
| PC642 | Theft from dead body | |
| PC646.9(a) | Stalking | |
| PC647.6(b) | Molesting child after unconsented entry into building | |
| PC653f | Solicitation | |
| PC653h | Stealing recorded music | |
| PC653t | Disrupting emergency radio communications | |
| PC653w | Failure to disclosure origin of recording | |
| PC666 | Petty theft with a prior | |
| PC666.5 | Prior auto theft conviction | Stealth wobbler |
| PC836.6(a) | Escape from custody with use of force | |
| PC836.6(b) | Escape from arrest with use of force | |
| PC1320 | Failure to appear on a felony after released O.R. | |
| PC1320.5 | Failure to appear after release on bail | |
| PC1370.5 | Escape from mental health facility | |
| PC2042 | Escape from Deuel Vocational Institute | |
| PC2772 | Interfere with work of prisoners | |
| PC2790 | Interfere with work of prisoners | |
| PC4011.7 | Escape from hospital | |
| PC4131.5 | Battery on non-inmate | |
| PC4133 | Escape from work camp | |
| PC4501.1 | Aggravated battery by gassing | |
| PC4532 | Escape from work release or home monitoring | |
| PC4536 | Escape from mental health facility | |
| PC4550 | Rescue of prisoner | |
| PC4600 | Damage to prison or jail | |
| PC11411(c) | Terrorize with swastika | |
| PC11411(d) | Terrorize with burning cross | |
| PC11418.5(a) | Threaten to use weapon of mass destruction | |
| PC14166 | Money laundering | |
| PC18710 | Possession of destructive device | |
| PC18735 | Possession or sale of >0.60 caliber ammunition | |
| PC19100 | Carry concealed explosive substance | |
| PC12200 | Possession or sale of replica handgrenade | |
| PC12280(b) | Possession of an unregistered assault weapon | |
| PC12280(c) | Possession of an unregistered .50BMG rifle | |
| PC12316(b)(1) | Possession of ammunition by a prohibited person | Now PC30305 |
| PC20110(b) | Possession of boobytrap | |
| PC20310 | Possession or sale of air gauge knife | |
| PC20410 | Possession or sale of belt buckle knife | |
| PC20510 | Possession or sale of cane sword | |
| PC20610 | Possession or sale of lipstick case knife | |
| PC20710 | Possession or sale of shobi-zue | |
| PC20910 | Possession or sale of pen knife | |
| PC21110 | Possession or sale of ballistic knife | |
| PC21310 | Concealed carry of dirk or dagger | |
| PC21810 | Possession or sale of metal knuckles | |
| PC22010 | Possession or sale of nunchaku | |
| PC22210 | Possession or sale of blackjack or club | |
| PC22410 | Possession or sale of shuriken | |
| PC22810 | Use of tear gas | |
| PC34310 | Possession or sale of camouflaging firearm container | |
| PC24410 | Possession or sale of cane gun | |
| PC24510 | Possession or sale of firearm not recognizable as firearm | |
| PC24610 | Possession or sale of undetectable firearm | |
| PC24710 | Possession or sale of wallet gun | |
| PC25100 | Criminal storage of firearm accessible to child | |
| PC25110 | Criminal storage of firearm accessible to child | |
| PC25300 | Possession of firearm while masked | |
| PC25400 | Carrying concealed firearm | |
| PC25800 | Carry loaded firearm with intent to commit felony | |
| PC25850 | Carrying loaded firearm in public | |
| PC26100(b) | Permitting shooting from vehicle | |
| PC27500(b) | Selling firearm to prohibited person | |
| PC27505 | Sell of handgun to minor | |
| PC27510 | Provide handgun or firearm to minor | |
| PC27515 | Straw purchase of firearm | |
| PC27520 | Acquire firearm with intent to illegally sell | |
| PC29610 | Minor in possession of firearm | |
| PC29805 | Possession of firearm by misdemeanant | |
| PC29815 | Possession of firearm in violation of probation | |
| PC29820 | Possession of firearm by juvenile ward | |
| PC29825 | Purchase of firearm despite protective order | |
| PC30210 | Possession or sale of flechette | |
| PC30305 | Possession of ammunition by prohibited person | Former PC12316(b)(1) |
| PC30315 | Possession of armor-piercing ammunition | |
| PC30320 | Sell or transport of armor-piercing ammunition | |
| PC30605 | Possession of assault weapons | |
| PC30720 | Failure to relinquish SKS rifle | |
| PC30725 | Failure to relinquish SKS rifle | |
| PC31500 | Possession or sale of unconventional pistol | |
| PC32310 | Sale, gift, or loan of large-capacity magazine | |
| PC32900 | Possession or sale of multiburst trigger | |
| PC33215 | Possession or sale of short-barrel rifle or shotgun | |
| PC33410 | Possession of silencer | |
| PC33600 | Possession or sale of zip gun | |
| Rev. & Tax Code 19706 | Failure to file tax return | |
| Unemp. Ins. Code 2117.5 | Failure to file return/file false return | |
| VC2800.2 | Evading police | |
| VC2800.3 | Evading police causing injury | |
| VC2800.4 | Evading police by driving wrong direction | |
| VC4463 | False vehicle registration | |
| VC10501 | False report of car theft | |
| VC10752 | Fraudulent use of Vehicle Identification Number | |
| VC10801 | Chop shop | |
| VC10802 | Altering Vehicle Identification Number | |
| VC10803 | Fraudulent use of Vehicle Identification Number | |
| VC10851 | Vehicle theft | |
| VC20001 | Hit and run with injury | |
| VC21464 | Interfere with traffic device | |
| VC21651(c) | Drive into incoming traffic with injury | |
| VC23104(b) | Reckless driving with injury | |
| VC23105 | Reckless driving with injury | |
| VC23109 | Speed contest with prior and injury | |
| VC23109.1 | Speed contest with injury | |
| VC23152 VC23175 VC23550 |
DUI with 3 priors | Priors cannot be stricken by judge |
| VC23153 | DUI with injury | |
| VC23550.5 | DUI with prior DUI felony | |
| WIC1768.7 | Escape from facility without force | |
| WIC8100 | Possession of firearm by patient | |
| WIC8101 | Supply weapon to patient | |
| WIC10980 | Welfare fraud | |
| WIC11483 | Welfare fraud | |
| WIC14014 | Fraudulent receipt of health care |