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 New Hampshire, the concept of a 'wobbler' offense, as it is known in some other jurisdictions, does not apply in the same way. New Hampshire law does not formally recognize the term 'wobbler.' Instead, crimes are classified as felonies, misdemeanors, or violations. A felony is a serious crime that is punishable by more than a year in prison, while a misdemeanor is a less serious crime that is punishable by up to a year in jail. Violations are the least serious offenses and are typically punishable by fines only. While the state does not have 'wobblers,' the prosecutor has discretion in charging decisions and may choose to charge a crime as either a felony or misdemeanor based on the circumstances and severity of the offense. Additionally, judges have discretion in sentencing within the statutory guidelines for the charged offense. It is important for individuals facing criminal charges in New Hampshire to consult with an attorney who can provide guidance on the specific charges and potential outcomes.