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 Jersey, the term 'wobbler' is not commonly used as it is in some other jurisdictions, because New Jersey does not classify crimes as misdemeanors or felonies. Instead, New Jersey categorizes offenses as either 'indictable offenses,' which are similar to felonies, or 'disorderly persons offenses,' which are similar to misdemeanors. Indictable offenses are further classified into four degrees, with first-degree being the most serious. Some crimes in New Jersey can be downgraded or remanded, which means that what might initially appear to be an indictable offense can be treated as a lesser offense, such as a disorderly persons offense, at the discretion of the prosecutor or the court. This is somewhat similar to the concept of a 'wobbler' in other states. The decision to downgrade an offense can depend on various factors, including the specifics of the case, the defendant's criminal history, and prosecutorial discretion.