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 Oklahoma, the concept of a 'wobbler' refers to certain crimes that can be prosecuted either as a misdemeanor or a felony, depending on various factors such as the circumstances of the offense, the defendant's criminal history, and prosecutorial discretion. The decision on how to charge the crime is typically made by the district attorney. Factors that may influence this decision include the severity of the crime, whether a weapon was used, the amount of damage or harm caused, and whether the defendant has prior convictions. Once charged, the judge also has discretion during sentencing to consider these factors and determine the appropriate punishment within the statutory guidelines. Oklahoma statutes define the range of punishments for both misdemeanors and felonies, and the classification of the offense will significantly affect the potential penalties, including fines and incarceration time.