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 South Dakota, the concept of a 'wobbler' offense is not as formally recognized as it is in some other states. However, there are certain crimes that can be prosecuted and sentenced with a degree of flexibility, allowing them to be treated either as misdemeanors or felonies depending on various factors such as the circumstances of the case, the defendant's criminal history, and the severity of the offense. The decision on how to charge these offenses typically lies with the prosecutor, who may consider these factors when deciding whether to pursue a charge as a misdemeanor, which generally carries lighter penalties, or as a felony, which can result in more severe consequences. Once charged, the judge also has discretion during sentencing to consider these factors and determine the appropriate punishment within the bounds of state statutes. It is important for individuals facing criminal charges in South Dakota to consult with an attorney who can provide guidance on the specific laws and potential charges applicable to their case.