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: Southern California Criminal Defense Blog

REDUCING A FELONY ASSAULT WITH A DEADLY WEAPON TO A MISDEMEANOR ? CALIFORNIA PENAL CODE SECTION 245

By Walin & Klarich

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In criminal law, there are many charges in the various codes that are known as ?wobblers?. A wobbler is a statute that can be treated both as a felony or misdemeanor. The sentence for a wobbler will indicate that the section is punishable by jail or prison. Depending on the District Attorney?s discretion, a case can be filed either as a felony or misdemeanor. The difference to the defendant, can be enormous. A conviction for certain codes sections can have a significant impact for life. An example of a wobbler is Penal Code Section 245(a)(1) assault with a deadly weapon other than firearm or assault with force likely to produce great bodily injury on a person, which is known as felony assault. This is also known as a strike if there is a weapon that was used in the assault...continue to full post

Full post as published by Southern California Criminal Defense Blog on July 23, 2010 (boomark / email).

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