Legal Definitions - wobbler

A wobbler is a legal term for a crime that can be classified and punished as either a felony or a misdemeanor, depending on various factors. This means that the same type of criminal conduct could lead to a less severe misdemeanor charge or a more serious felony charge, often at the discretion of the prosecutor or the judge.

The decision to treat a wobbler as a felony or a misdemeanor typically considers:

• The specific circumstances of the offense: How serious was the harm caused? Was there violence involved? Was the crime premeditated or impulsive?
• The defendant's criminal history: Does the individual have prior convictions, especially for similar offenses?
• The defendant's attitude and behavior: Does the person show remorse or take responsibility?
• The overall goals of sentencing: What punishment, deterrence, or rehabilitation is most appropriate for the situation?

Here are some examples to illustrate how a wobbler works:

• Example 1: Vandalism

  Imagine a statute that criminalizes property damage. If a young person, on a spontaneous dare, uses washable chalk to draw a harmless picture on a public sidewalk, causing no lasting damage, a prosecutor might decide to charge this as a misdemeanor. However, if the same person, in a fit of anger, spray-paints offensive symbols on a historic monument, causing significant and costly damage that requires professional restoration, the prosecutor would likely charge this as a felony. The underlying act is property damage, but the severity, intent, and impact determine whether it "wobbles" to a felony or a misdemeanor.

• Example 2: Unlawful Possession of a Firearm

  Consider a law against possessing a firearm without proper registration. If an individual with no prior criminal record is found with an unregistered handgun during a routine traffic stop, and they immediately take steps to register it, a judge might exercise discretion to treat this as a misdemeanor. Conversely, if a person with a history of violent felony convictions is found with the same unregistered handgun during a drug raid, the court would almost certainly treat this as a felony due to the heightened risk and the defendant's background. The core offense of unlawful possession is a wobbler, allowing for different classifications based on context and history.

• Example 3: Embezzlement

  A statute covering embezzlement (theft of assets entrusted to one's care) can also be a wobbler. If an employee, facing an unexpected medical bill, takes $500 from the company petty cash fund with the intent to repay it, and has no prior criminal record, a court might consider it a misdemeanor, especially if they show remorse and make restitution. However, if a senior manager systematically diverts $50,000 from company accounts over several months through elaborate accounting fraud, the same embezzlement statute would almost certainly result in a felony charge due to the larger sum, the breach of trust, and the sophisticated nature of the crime. The amount stolen, the duration, and the defendant's role are key factors in determining the classification.