Estimated Reading Time: 7 minutes
Table of Contents
- What AB 321 Changes and Why It Matters
- The Power of “Changed Circumstances”
- Why Wobbler Reductions Are So Critical
- What Defendants Should Do Now
- Trusted Defense for Charges Eligible Under AB 321
California’s criminal justice system has always treated “wobblers” as a gray area, meaning offenses that can be charged as either felonies or misdemeanors depending on the circumstances. Until now, defendants had a narrow window to convince a court that a felony was not the right fit. That window officially widens on January 1, 2026, through AB 321 (Schultz), a law that gives defendants more time, more options, and more meaningful chances to avoid the heavy consequences of a felony conviction.
For anyone facing a wobbler charge, this new law is more than a procedural update. It is a strategic opportunity that can reshape a case before it ever reaches trial.
What AB 321 Changes and Why It Matters
Before AB 321, defense attorneys had to act fast. A motion to reduce a wobbler from a felony to a misdemeanor generally had to be filed by the preliminary hearing. If that deadline passed, defendants could lose one of the most important tools for limiting exposure, protecting their record, and preserving future opportunities.
AB 321 eliminates that pressure by allowing courts to reduce eligible wobblers any time before trial, not just at the earliest stage. This change sounds simple, but its impact is significant. Defense teams now have the breathing room to:
- Present more complete mitigating evidence
- Show demonstrated progress such as rehab, therapy, or employment
- Use updated information that was not available early on
- Negotiate from a stronger position during plea discussions
In practical terms, AB 321 recognizes that people’s circumstances and the facts of a case can evolve.
The Power of “Changed Circumstances”
One of the most important additions in AB 321 is the ability to file a renewed motion if circumstances shift in a meaningful way.
Some examples include:
- Enrollment in a treatment or education program
- New evidence that softens the prosecution’s theory
- Early completion of restitution
- Mitigating information that becomes available later
Instead of locking a defendant into the outcome of a single early hearing, AB 321 ensures the court can reconsider the level of offense with a broader and more accurate picture. This matters because the early stages of a case often develop quickly and without the full context that defense attorneys need to present a thorough argument.
By allowing judges to reassess reductions later, the law provides defendants with a true second chance and introduces a more realistic timeline for presenting mitigation.
Why Wobbler Reductions Are So Critical
A felony conviction is not just a tougher sentence. It has the potential to reshape a person’s future.
Felonies can affect:
- Professional licenses
- Background checks
- Immigration circumstances
- Housing opportunities
- The ability to own firearms
- Future employment
- A misdemeanor, by comparison, carries far fewer long-term obstacles.
Under AB 321, defense attorneys can continue advocating for misdemeanor treatment throughout the pre-trial process, which is often the period when defendants make the most progress in their cases and in their personal lives. The ability to show accountability, positive behavior, or changed conditions creates powerful leverage that was much harder to access under the old timeline.
The law also helps counter the problem of overcharging. When prosecutors file the felony version of a wobbler as a pressure tactic, AB 321 gives defense teams an expanded path to fight back and push for a fairer and more proportional charge.
What Defendants Should Do Now
Anyone facing a felony wobbler should work with a defense attorney who understands the full strategic value of AB 321. The timing of motions, the collection of mitigation evidence, and the ability to demonstrate changed circumstances are all important parts of a well-planned defense.
It can be helpful to speak with a lawyer early in the process since this allows more time to evaluate the case, gather context, and determine whether a reduction request is appropriate under the law.
Trusted Defense for Charges Eligible Under AB 321
Although AB 321 affects many types of wobbler offenses, it has a particularly strong impact on white collar crimes. These charges include forgery, embezzlement, fraud, and similar financial offenses that often fall into wobbler classification. Cases like these frequently involve mitigating factors such as restitution, employment history, reputation in the community, and other details that can strengthen a motion for reduction.
Attorney John Pozza provides strategic representation in white collar crimes. Our office focuses on building strong, fact-driven arguments that support misdemeanor treatment when the law allows. With a clear understanding of California’s evolving criminal statutes, including AB 321, our 3 years of experience helps clients:
- Determine whether their charge qualifies as a wobbler
- Gather and present mitigation that supports a reduction
- File original and renewed motions under AB 321
- Challenge unfair or inflated charging decisions
- Navigate plea discussions with the benefit of expanded timing
For defendants facing felony exposure on a wobbler offense, working with Atty. John Pozza who understands AB 321’s expanded options can provide informed guidance throughout the reduction process.
If you want to understand how AB 321 may apply to your situation, John Pozza Attorney At Law, PLC can walk you through the legal steps involved in wobbler reduction requests. Contact us at (951) 461-7155 to discuss your charges, ask questions, and learn more about the available defense options under California law.