Is PC 118 a wobbler?

Asked by: Patrick Turcotte  |  Last update: May 22, 2026
Score: 4.4/5 (63 votes)

California Penal Code (PC) 118 (Perjury) is generally a felony, but PC 118.1 (Police Officers Filing False Reports) is a "wobbler," allowing prosecutors to charge it as a misdemeanor or felony, and an officer committing perjury under PC 118 can also face wobbler discretion.

What felonies are wobblers in California?

Some of the most common California wobbler crimes include:

  • Penal Code 192(c)(1) and (2), vehicular manslaughter,
  • Penal Code 243.4 sexual battery.
  • Penal Code 245(a)(1), assault with a deadly weapon (ADW)
  • Penal Code 261.5, “statutory rape”
  • Penal Code 271, child endangerment.
  • Penal Code 273.5, spousal battery,

What is the penal code 118 PC?

California Penal Code § 118 PC defines perjury as deliberately giving false testimony while under oath. Perjury is a felony offense that carries probation, fines, and up to 4 years in jail or prison.

Is PC 10851 a wobbler?

Grand Theft Auto

While, both Vehicle Code Section 10851 and Penal Code section 496 are deemed “wobbler” offenses in California, a violation of Penal Code section 666.5 is not a “wobbler” and therefore can not be reduced to a misdemeanor. A “wobbler” offense can be charged as either felony or misdemeanor.

What is an example of a wobbler offense?

Common Wobbler Crimes

These can range from drug possession, theft, and fraud to assault, domestic violence, and even white-collar crimes such as forgery and credit card abuse. The specific circumstances surrounding each case determine whether these offenses are charged as felonies or misdemeanors.

What Is A Wobbler Charge?

45 related questions found

What exactly is a wobbler?

A wobbler is a special class of crimes involving conduct that varies widely in its level of seriousness. Wobbler statutes cover a wide range of offenses, including assault with a deadly weapon, vehicular manslaughter, money laundering, and defacement of property.

What are the 4 types of offenses?

Offences against person, property or state. Personal offences, fraudulent offences. Violent offences, sexual offences. Indictable/non-indictable offences etc.

What is the new law for felons in California?

Recent California laws, primarily SB 731 (2022), significantly expand record-clearing, automatically sealing records for many non-violent felons who complete their sentences and stay crime-free for four years, while Proposition 36 (2024) modified sentencing for certain drug and theft offenses, focusing on rehabilitation and adding penalties for fentanyl distribution. These laws aim to provide second chances by making it easier to expunge or seal records, though serious and violent offenders are generally excluded, and new laws also introduce treatment options for drug offenses. 

Is VC 12500 a wobbler?

VC 12500 is a “wobbler” offense in California, meaning that it can be treated either as a misdemeanor or a non-criminal infraction.

Is a felon in possession of a firearm a wobbler?

Possessing a firearm violating a court order is a “wobbler” offense in California. This means it can be charged either as a misdemeanor or a felony, depending on the facts of the case and your prior criminal record.

What is the violation of Section 118?

Whoever intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence punishable with death or imprisonment for life; voluntarily conceals by any act or omission or by the use of encryption or any other information hiding tool, the existence of a design to commit such ...

What is the hardest case to win in court?

The hardest cases to win in court often involve high emotional stakes, complex evidence, or specific defenses like insanity, with sexual assault, crimes against children, and white-collar crimes frequently cited as challenging due to juror bias, weak physical evidence, or technical complexity. The insanity defense is notoriously difficult because it shifts the burden of proof and faces public skepticism. 

What evidence do you need for elder abuse?

Proving elder abuse involves gathering evidence like photos of injuries/conditions, medical records documenting harm, financial statements showing misuse, and witness testimonies, then showing a link between the abuser's actions (intent/recklessness) and the resulting harm (physical, emotional, financial) to authorities or legal professionals like Adult Protective Services (APS) or an attorney. Key is consistent documentation, detailed logs, and expert opinions to build a strong case, especially if the victim cannot communicate clearly. 

What felonies cannot be expunged in CA?

Several types of offenses are automatically excluded from expungement eligibility in California:

  • Serious Sex Crimes Involving Minors. ...
  • Felonies That Resulted in Prison Time (Not Jail) ...
  • Crimes Related to Public Corruption. ...
  • Crimes Not Eligible Due to a Violation of Probation or Parole.

Is evading police a wobbler?

Reckless evading of a peace officer is a “wobbler” offense that can be charged as either a felony or a misdemeanor, depending on the underlying factual circumstances and the defendant's criminal history.

What are the benefits of using wobblers?

They Instantly Capture Shopper Attention

Movement naturally draws the human eye. When placed on shelves packed with products, wobblers break the monotony and help guide shoppers toward your brand. A simple wiggling tag can dramatically increase visibility, especially during promotional periods.

Is PC 182 a wobbler?

PC 182 conspiracy is a “wobbler” in California. That means the prosecution has the discretion to file the case as a misdemeanor or felony depending on the circumstances of the case and the defendant's criminal history.

Is 12500 a VC correctable?

Yes, 12500 VC may be considered a correctable offense depending on the circumstances of the case. If the defendant can obtain a valid driver's license, the prosecutor may dismiss the case for a $25 fee.

Is PC 211 a wobbler?

A wobbler is an offense that the District Attorney can be charge as either a felony or misdemeanor depending on the facts of the crime and the discretion of the prosecutor. PC 211 and PC 459 1st with a person present are considered wobblers.

What is the new bill passed for inmates 2025?

The Second Chance Act provides resources to states, Tribal and local governments, and community organizations to ensure that the millions of people returning from prison, jail, and juvenile facilities each year continue to receive coordinated, evidence-based reentry services.

What is the 7 minute rule in California?

The "California 7-Minute Rule" refers to a timekeeping practice where work hours are rounded to the nearest quarter-hour (15 minutes), allowed under federal law if neutral, but increasingly scrutinized in California; punches within 7 minutes of a quarter-hour (e.g., 8:07 AM) round down (to 8:00 AM), while 8 minutes or more (e.g., 8:08 AM) round up (to 8:15 AM). While this can benefit employees by rounding up, it's only legal in California if it never systematically underpays them, especially after court rulings like Troester v. Starbucks clarified that all work time must be paid, limiting the federal "de minimis" (tiny amount) rule. 

Who's eligible for early release?

We believe every survivor notified of a perpetrators release should be offered specialist support. The criteria for early release on September 10th apply to individuals serving less than five years who have completed 40% of their sentence, rather than the usual 50%.

Can an indictment be dismissed?

Yes. In many criminal cases, individual counts of an indictment can be dismissed before trial under the right circumstances. This is a common and important pretrial issue in criminal defense, and understanding how it works can shape the entire direction of a case.

What are the 8 focused crimes?

"8 focus crimes" typically refers to the Uniform Crime Reporting (UCR) Program's Part I offenses in the U.S. (murder, rape, robbery, assault, burglary, theft, vehicle theft, arson) or, in the Philippines, the Philippine National Police (PNP) list (murder, homicide, physical injury, rape, robbery, theft, carnapping of vehicles/motorcycles). These lists cover serious, frequent crimes that law enforcement tracks closely, though the specific categories differ slightly between systems.
 

What is the burden of proof?

The burden of proof requires a party to produce evidence to establish the truth of facts needed to satisfy all the required legal elements of the dispute. It is also known as the onus of proof. The burden of proof is usually on the person who brings a claim in a dispute.