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 Arizona, a 'wobbler' refers to a criminal offense that can be prosecuted and sentenced as either a misdemeanor or a felony, depending on various factors such as the circumstances of the case, the defendant's criminal history, and prosecutorial discretion. Arizona law does not formally use the term 'wobbler,' but the concept exists in practice. For example, certain drug possession charges can be treated as either misdemeanors or felonies based on the quantity of drugs involved and other considerations. The decision on how to charge the offense typically lies with the prosecutor, who may take into account the severity of the crime, the impact on the victim, and the defendant's prior record. Once charged, the judge also has discretion during sentencing to consider these factors and determine the appropriate classification and punishment. It's important to note that the specific statutes and case law will define which crimes can be treated as wobblers and the criteria for making such determinations.