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 Massachusetts, the concept of a 'wobbler' offense, as it is known in some other jurisdictions, does not have a direct equivalent. Massachusetts law does not formally categorize crimes as 'wobblers.' Instead, the Commonwealth has its own set of laws and classifications for criminal offenses. Crimes in Massachusetts are generally classified as either misdemeanors, which are less serious offenses punishable by up to two and a half years in a house of correction, or felonies, which are more serious offenses that may carry state prison time. The determination of how a crime is charged and the potential sentence upon conviction is governed by Massachusetts General Laws and is influenced by factors such as the severity of the offense, the defendant's criminal history, and the specific circumstances of the case. It is important to note that while Massachusetts does not use the term 'wobbler,' there may be discretion in charging decisions and plea bargaining that can affect whether an offense is treated more like a misdemeanor or a felony in practice.