How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 112773
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

Can a bank robbery felony charge be considered a wobbler if

This answer was rated:

Can a bank robbery felony charge be considered a wobbler if when sentenced the person was not given any jail time and completed probation early. Also the act did not involve any weapons and was not considered violent?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am afraid that under CA penal code, robbery is always considered a felony, unlike grand theft which could be considered a wobbler. See: Penal Code 460 and Penal Code 461. Thus, if you were convicted of bank robbery, this is not a wobbler offense and it is considered a strike offense as well. The only possibility is filing a motion for post conviction relief and try to get the conviction amended to grand theft and reduced to a misdemeanor, but on a bank robbery charge even without a weapon this is a long shot I am afraid.


Thank you so much for using JustAnswer.com. I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered. PLEASE use REPLY to EXPERT if you would like more information or if you feel something was not included in your answer.

Kindly remember the ONLY WAY experts receive any credit at all for spending time with customers is if you click on OK, GOOD or EXCELLENT SERVICE even though you have made a deposit or are a subscription customer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO XXXXX CREDIT, if not the site keeps your money on deposit.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT AND BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq. and 12 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

You are sending me penal codes for state law. This was a Federal conviction under 18 USC section 2113(a) & sec 2. Could this charge be considered for post conviction relief?


 

Sorry, you did not specify that it was a federal charge.

Federal court is less forgiving than CA. They have no wobblers I am afraid and there is no mechanism under the federal system to get this reduced I am sorry to say.