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 Virginia, the concept of a 'wobbler' offense is not formally recognized in the same way it is in some other states. Virginia law typically categorizes offenses as either misdemeanors or felonies based on the severity of the crime and the maximum punishment that can be imposed. Misdemeanors are less serious offenses punishable by up to 12 months in jail and a fine of up to $2,500, while felonies carry more severe penalties, including longer prison sentences. However, some offenses in Virginia may have a range of penalties that overlap the misdemeanor and felony categories, depending on the circumstances of the case and the discretion of the court. For example, larceny can be treated as either a misdemeanor or a felony depending on the value of the stolen property. The decision on how to charge such offenses is typically at the discretion of the prosecutor, based on factors such as the details of the crime, the defendant's criminal history, and the evidence available.