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 Washington, the concept of a 'wobbler' offense is not formally recognized in the same way it is in some other jurisdictions, such as California. Washington state law does not have a category of crimes specifically designated as 'wobblers.' However, prosecutors do have discretion in certain cases to charge offenses at different levels of severity based on the circumstances of the case and the defendant's criminal history. For example, certain crimes can be charged as either gross misdemeanors or felonies, depending on factors such as the amount of damage or harm caused, prior convictions, and other aggravating or mitigating circumstances. The decision on how to charge a crime can significantly affect the potential penalties, with felonies generally carrying more severe consequences than misdemeanors. Once charged, the sentencing judge also has discretion within the statutory guidelines to determine the appropriate sentence, which can include a range of penalties from probation and fines to imprisonment.