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 Nebraska, the concept of a 'wobbler' offense is not as formally recognized as it is in some other states. Nebraska law does not have a distinct category for crimes that can be charged as either misdemeanors or felonies depending on the circumstances. However, prosecutors do have discretion in charging decisions, and certain crimes may have different degrees or levels of severity that could result in the crime being charged as either a misdemeanor or a felony. For example, theft can be charged differently based on the value of the property stolen, with lower values typically resulting in misdemeanor charges and higher values leading to felony charges. Additionally, factors such as prior convictions or the presence of aggravating circumstances can influence whether a crime is charged as a misdemeanor or felony. Sentencing is also subject to judicial discretion within the parameters set by state statutes. It is important for individuals facing criminal charges in Nebraska to consult with an attorney who can provide guidance on the specific charges and potential penalties they may be facing.