Reducing or Dismissing Charges

Certain criminal cases may be filed either as a misdemeanor or a felony.  These types of criminal cases are commonly referred to as “wobblers.”  The prosecution may choose to file the case as a misdemeanor or decide to file the case as a felony.  If the case is filed as a felony, the judge has the discretion to reduce the case to a misdemeanor at the preliminary hearing.  In Los Angeles County, generally the Los Angeles District Attorney’s Office handles felony cases and misdemeanor case are filed by the Los Angeles City Attorney’s Office.  The investigating officer may even choose to file the case with the City Attorney’s office since the circumstances do not rise to the level for a felony filing.  In some instances, the investigating officer may file the case with the District Attorney’s office and the DA will reject the case to the City Attorney’s office for evaluation.  Hiring an attorney associated with the Khachatourians Law Group is vital during the pre-filing stages as our office will attempt to reduce, reject, or dismiss the charges before a criminal case is filed. Sometimes, an informal hearing may be set with the Los Angeles City Attorney or Los Angeles District Attorney regarding the case to avoid a criminal filing or reduction of filing.  California Penal Code section 17(a) and 17(b) outlines the types of cases that are wobblers.  Some misdemeanor cases can also be reduced to an infraction.  These types of misdemeanor cases are referred to as “wobblettes.”  If there is a criminal investigation pending against you or a loved one, do not wait until your arraignment. Call attorney Arthur Khachatourians for a defense consultation in order to attempt pre-filing efforts.

Common Misdemeanor Cases that Can Be Reduced to an Infraction

The following code sections may be pled to as an infraction.  In certain misdemeanor cases, as a plea disposition, our office would negotiate the case to an infraction so that it does not affect the person’s professional license and create a criminal record for a misdemeanor offense.  Reference-below are some code sections that can be pled to an infraction as oppose to a misdemeanor:

Penal Code 193.8 – Relinquishing a motor vehicle to an intoxicated minor

Penal Code 330 – Gambling games

Penal Code 415 – Fighting words, loud unreasonable noise, or offensive words to fight,

Penal Code 485/Penal Code 490.1 – Petty Theft value under $50

Penal Code 490.7 – Taking more then 25 copies of free newspaper

Penal Code 555 – Entering without permission

Penal Code 602.13 – Entering animal enclosure at zoo

Penal Code 853.7 of this code – Failure to Appear

Penal Code 532b(c) – false military decoration by veteran

Penal Code 602(o) – Refusing to leave property/trespass

Business and Professions Code 25658b – purchasing alcohol under 21

Business and Professions Code 21672 – unlicensed or counterfeit sports trading cards

Business and Professions Code 25661

Business and Professions Code 25662

Government Code Section 27204

subdivision (c) of Section 23109

Vehicle Code 5201.1

Vehicle Code12500

Vehicle Code 14601.1

Vehicle Code 27150.1

Vehicle Code 40508

Vehicle Code 42005

LAMC 71.02(a) and LAMC 71.03(d) – Bandit Cab/Taxi

LAMC 103.107 – Escorting without a permit.

Call the Khachatourians Law Group at 818-590-8294 for a defense consultation.