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 Kentucky, the concept of a 'wobbler' offense is not formally recognized in the same manner as it is in some other states. Kentucky law does not have a specific category for crimes that can be charged as either misdemeanors or felonies based on prosecutorial discretion. Instead, the Kentucky Revised Statutes define specific crimes as either misdemeanors or felonies, with the classification depending on the severity of the offense. However, prosecutors do have discretion in deciding what charges to bring, and in some cases, they may choose to charge a lower offense that carries a lesser penalty if circumstances warrant. Additionally, judges have some discretion during sentencing to impose penalties within the range provided by law for the convicted offense. It is important to consult with an attorney to understand how the law applies to a specific case and what options might be available for charging or sentencing.