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 Georgia, a 'wobbler' refers to a criminal offense that can be prosecuted either as a misdemeanor or a felony, depending on various factors such as the circumstances of the case, the defendant's criminal history, and prosecutorial discretion. Georgia law does not use the term 'wobbler,' but the concept exists in practice. For example, certain drug possession charges or theft offenses may be treated as misdemeanors or felonies based on the value of the stolen property or the amount of drugs involved. The decision on how to charge the offense typically lies with the prosecutor, who will consider the specifics of the case. Once charged, the judge then has the authority to sentence the defendant within the parameters set for the classification of the offense as either a misdemeanor, which generally carries a lighter sentence, or a felony, which typically results in more severe penalties.