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Criminal charges

wobbler

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 North Carolina, the concept of a 'wobbler' offense is not formally recognized in the same manner as it is in some other states. North Carolina law typically categorizes offenses as either misdemeanors or felonies without a statutory mechanism for an offense to be charged or sentenced as one or the other at the discretion of the prosecutor or judge. However, prosecutors do have discretion in charging decisions and may choose to charge a lesser included offense that is a misdemeanor rather than a felony if the facts support such a charge. Additionally, for some offenses, the law provides for different classes of the crime based on the severity of the circumstances, which can affect whether the crime is treated as a misdemeanor or felony. Once charged, the judge's role is to sentence within the statutory guidelines provided for the offense class and the defendant's prior record level, rather than to reclassify the offense itself.

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Criminal charges

wobbler

Individual & Family Legal Plan

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Criminal charges

wobbler

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