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 West Virginia, the concept of a 'wobbler' offense is not formally recognized in the same manner as it is in some other states. West Virginia law does not have a distinct category for crimes that can be charged specifically as either a misdemeanor or a felony based on prosecutorial discretion. However, certain crimes in West Virginia may still carry penalties that can vary widely depending on the circumstances of the case, the defendant's criminal history, and judicial discretion. For example, offenses such as battery can be treated differently based on the severity of the injury and other factors, potentially leading to misdemeanor or felony charges. Ultimately, the determination of how a crime is charged in West Virginia is guided by the specific statutes that define the offense and the applicable penalties, rather than a formal 'wobbler' classification.