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 Vermont, the concept of a 'wobbler' is not formally recognized in the same way it is in some other jurisdictions. Vermont law does not have a distinct category for offenses that can be charged specifically as either a misdemeanor or a felony based on prosecutorial discretion. However, Vermont statutes do define misdemeanors and felonies separately, and the state's attorneys have discretion in charging decisions based on the facts and circumstances of each case. This means that for certain crimes, the prosecutor may choose to charge an offense as a misdemeanor or a felony depending on factors such as the severity of the crime, the defendant's criminal history, and the impact on the victim. Once charged, the judge then has the authority to sentence within the parameters set by the statute for the offense. It is important to consult with an attorney for specific guidance on how this may apply to a particular case in Vermont.