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 Colorado, a 'wobbler' refers to a criminal offense that can be prosecuted and sentenced as either a misdemeanor or a felony, depending on various factors such as the circumstances of the case, the defendant's criminal history, and prosecutorial discretion. The state statutes provide the framework for which offenses can be considered wobblers. For instance, certain drug offenses, thefts, or assault cases may fall into this category. The decision on how to charge the offense is typically made by the district attorney's office. Once charged, the judge also has discretion during sentencing to consider it as a misdemeanor or felony, which will affect the severity of the punishment. It's important to note that not all states use the term 'wobbler,' and the specifics of which crimes qualify and how they are handled can vary significantly from one jurisdiction to another.