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 the state of New York, the term 'wobbler' is not commonly used; however, the concept exists and refers to crimes that can be prosecuted either as misdemeanors or felonies, depending on various factors such as the circumstances of the offense, the defendant's criminal history, and prosecutorial discretion. New York law categorizes offenses into misdemeanors, which are less serious crimes punishable by up to one year in jail, and felonies, which are more serious offenses that carry heavier penalties, including state prison time. The decision on how to charge a wobbler offense rests with the district attorney, who may consider the severity of the crime, the impact on the victim, and the defendant's prior record. Once charged, the judge also has discretion in sentencing, taking into account similar factors and the recommendations of the parties involved. It is important for individuals facing such charges to consult with an attorney who can provide guidance on the specific circumstances of their case and the potential outcomes.