What Is a Wobbler? Examples and Legal Implications

What is meant by “wobbler” when used in the legal context? A wobbler is a criminal offense which can be charged as either a felony or a misdemeanor, with the prosecutor’s discretion dictating how the offense is charged. In effect, the crime “wobbles” between the two degrees of criminal offenses. If you’re charged with a wobbler, the prosecutor has discretion on whether to try you for a felony or for a misdemeanor. The specific circumstances, in combination with the prosecutor’s discretion, can lead to punishments ranging from a slap on the wrist to several years in prison.

For example, in California, wobbler offenses include grand theft, forgery, burglary, and receipt of stolen property. All are serious offenses that could lead to felony convictions if you are found guilty. How the specific offense is charged is decided by the prosecutor and the specific facts of the case. Even if you plead guilty, the prosecutor has the power of discretion and can decide to reduce the crime to a misdemeanor.

Legal Implications of Wobbler Offenses

The legal implications of wobbler offenses can be far-reaching and profound. On a practical level, the punishment for misdemeanor and felony offenses is much different. For a felony conviction, prison is a possibility, and even probation could last up to three years. On the other hand, misdemeanor convictions can often suffice with a maximum of one year in county jail and a maximum of three years of probation. Further, the stigma associated with a felony conviction can be weighty, impacting your ability to secure certain jobs, housing, and other governmental benefits.

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In addition to the practical implications of a wobbler, it has implications for the criminal conviction itself. If you are convicted of a misdemeanor, you will be convicted of a crime punishable by up to one year in county jail. But if you are convicted of a felony, you can be subject to enhanced punishments such as stiffer fines and longer jail sentences.

When charged with a wobbler, the legal implications of how the crime is tried can be wide-ranging. Ultimately, whether the offense is tried as a felony or a misdemeanor is up to the discretion of the prosecutor. It is important to seek legal counsel if you are charged with a wobbler offense, as your attorney can help you to understand the possible outcomes and strategically plan your defense.

Related Legal Concepts

Understanding wobbler offenses often intersects with other criminal law concepts, particularly when examining the broader context of criminal charges and defendant rights. Cases involving habitual criminal statutes may influence prosecutorial discretion in charging wobblers, as repeat offenders could face enhanced penalties regardless of whether the wobbler is charged as a misdemeanor or felony. Additionally, hate crime enhancements can elevate certain wobbler offenses, and issues of harassment may arise in cases where the underlying conduct involves threatening or intimidating behavior that could constitute either a misdemeanor or felony wobbler offense.

The Bottom Line

Wobbler offenses represent a unique category in criminal law where prosecutorial discretion plays a crucial role in determining the severity of charges and potential consequences. The distinction between felony and misdemeanor treatment can dramatically impact sentencing, long-term legal consequences, and a defendant’s future opportunities. For guidance specific to your situation, always consult a qualified, licensed attorney.