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 Dakota, the concept of a 'wobbler' offense is not explicitly defined in the state statutes as it is in some other jurisdictions. However, certain crimes in North Dakota may still carry the potential to be charged and sentenced with varying degrees of severity, which is similar to the wobbler concept. The decision on whether to charge an offense as a misdemeanor or a felony often depends on the circumstances of the case, the defendant's criminal history, and the discretion of the prosecutor. Factors such as the amount of damage, value of stolen property, or the level of injury to a victim can influence the severity of the charges. Once charged, the judge also has discretion in sentencing, which can be influenced by similar factors and may include probation, fines, or incarceration. It is important to consult with an attorney for specific cases to understand how the law may apply to the particular facts and circumstances of an offense in North Dakota.