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Criminal charges

wobbler

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 Illinois, a 'wobbler' refers to a criminal charge that can be prosecuted as either a misdemeanor or a felony, depending on various factors such as the circumstances of the offense, the defendant's criminal history, and prosecutorial discretion. Illinois law does not formally use the term 'wobbler,' but the concept exists in practice. For example, certain theft offenses can be charged as misdemeanors or felonies based on the value of the stolen property. The decision on how to charge the offense typically rests with the state's attorney, who will consider the specifics of the case. Once charged, the judge then has the discretion to sentence the defendant within the range allowed for the classification of the offense. It's important to note that the distinction between misdemeanor and felony can have significant implications for the defendant, including the severity of the punishment and the long-term impact on their criminal record.

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Criminal charges

wobbler

Individual & Family Legal Plan

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Illinois State Code

Criminal charges

wobbler

Illinois State Code

Articles