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 the state of Hawaii, the concept of a 'wobbler' offense is not formally recognized in the same manner as it is in some other jurisdictions. Hawaii law does not use the term 'wobbler' to describe offenses that can be charged as either misdemeanors or felonies. However, prosecutors in Hawaii do have discretion in charging certain crimes, and the severity of the charge can be influenced by the circumstances of the case, the defendant's criminal history, and other factors. For example, a theft offense may be charged as a misdemeanor or felony depending on the value of the property stolen. The decision on how to charge a crime is typically made by the prosecutor based on the specifics of the case and Hawaii's penal code. It is important for individuals facing criminal charges in Hawaii to consult with an attorney who can provide guidance on the potential charges and outcomes based on the facts of their case.