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If you have been charged with domestic violence you should call our office as soon as possible.  With more than 14 years of experience as a Criminal Defense Attorney, and having handled hundreds of domestic violence cases, I have the know how to help you through this time.


A wobbler offense is a crime that can be charged as either a Felony or a Misdemeanor offense.  This is a critical distinction.  The reason is that if your crime has originally been charged as a Felony depending on the circumstances the crime may be reduced to a Misdemeanor as part of a plea bargain. 


A good example of a wobbler offense is the offense of an alleged violation of Penal Code section 273.5.  

The elements of this offense are the following: 

1. Defendant willfully inlicted corproreal injury on victim.

2. Victim was either:

Defendant's spouse or former spouse 

Person with whom he or she was cohabitating with or

fiance or fiance or someoen with whoim the offender has or previously had, an engagement or dating relationship.  

the mother or facther of his or her child. 

3. Corporeal injury resulted in a traumatic condition.

This crime can be punished in the state prison for 2,3 or 4 years or Felony probation. 

or As a Misdemeanor meaning the crime wobbles down. 

This is a good thing. For example if the case begins to weaken, meaning the proseuction does not believe they can prove traumatic  injury or the victim is not cooperative. The prosecution can simply amend the charge to a misdemeanor count of P.C. 273.5. 

This means you would not have to be a convicted felony lose your right to vote and subject yourself to state prison possibilities. 

if the case is a Misdemeanor then the worst that could happen even if you violated your terms and conditions of probation would be up to a year in local jail. 

You would still have a 10 year restriction on the purchase of a firearm and would have to complete a 52 week batterer intervention program.  However the most serious consequences such as state prison and the loss of voting rights and loss of firearm rights for life would not be applicable.  

If you have been accused of a felony 273.5 you should give us a call and we can help you through this.  

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Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418