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 Oregon, a 'wobbler' refers to a criminal offense that can be prosecuted and sentenced as either a misdemeanor or a felony, depending on various factors such as the circumstances of the case, the defendant's criminal history, and prosecutorial discretion. The decision on how to charge the offense typically lies with 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. Oregon law provides for this flexibility to account for the varying degrees of seriousness within certain crimes. Once charged, the judge also has discretion during sentencing to consider these factors and determine the appropriate level of punishment. The classification of the offense as a misdemeanor or felony will have significant implications for the defendant, including the potential for more severe penalties and long-term consequences if convicted of a felony.