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 Florida, the concept of a 'wobbler' offense is not formally recognized in the same way it is in some other jurisdictions. Florida law typically categorizes offenses as either misdemeanors or felonies from the outset, based on the statutes defining the offenses. However, prosecutors do have discretion in charging decisions and may choose to file lesser charges based on the circumstances of the case, the defendant's criminal history, and other factors. Additionally, judges have some discretion during sentencing to impose penalties that may be more lenient or severe within the statutory guidelines. While Florida does not have a formal 'wobbler' statute, the flexibility in charging and sentencing effectively allows certain crimes to be treated similarly to 'wobbler' offenses in practice.