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 Wisconsin, the concept of a 'wobbler' offense is not formally recognized in the same manner as it is in some other jurisdictions. Wisconsin law does not have a distinct category for crimes that can be charged as either misdemeanors or felonies based on prosecutorial discretion. Instead, offenses in Wisconsin are defined by statute as either misdemeanors or felonies, with the classification depending on the nature of the crime and the severity of the offense. However, prosecutors do have discretion in charging decisions and may charge a lesser offense if the facts and circumstances warrant it. Additionally, judges have some discretion during sentencing to impose penalties that may be more in line with misdemeanor punishments, even for felony offenses, depending on factors such as the defendant's criminal history and the specifics of the case. It is important to consult with an attorney for case-specific guidance, as the application of the law can vary based on the unique facts of each case.