A wobbler is a criminal offense (crime) that may be charged by the prosecutor and sentenced by the judge as either a misdemeanor offense or a felony offense under applicable law.
In California, a 'wobbler' refers to a specific category of criminal offenses that can be prosecuted as either a misdemeanor or a felony, depending on various factors such as the circumstances of the case and the defendant's criminal history. The discretion to charge a wobbler as a misdemeanor or felony initially lies with the prosecutor. After the charge is filed, the judge also has the discretion to reduce a felony wobbler to a misdemeanor during sentencing or at a later time, such as during probation or after the defendant has completed certain terms of their sentence. This flexibility allows the legal system to tailor the severity of the punishment to the particulars of the crime and the offender. Examples of wobbler offenses in California include certain types of theft, assault, and drug offenses. The decision to charge a wobbler as a misdemeanor or felony can significantly impact the accused's rights and consequences, such as the potential for state prison time, the loss of certain civil rights, and the social stigma associated with a felony conviction.