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 Indiana, the concept of a 'wobbler' offense is not formally recognized in the same manner as it is in some other states. Indiana law does not have a specific category for crimes that can be charged as either misdemeanors or felonies based on prosecutorial discretion. However, Indiana does have certain crimes where the level of the offense may vary based on the circumstances of the case, the defendant's criminal history, or the severity of the offense. For example, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Similarly, battery can range from a misdemeanor to a felony depending on factors such as injury to the victim and whether it was committed in the presence of a minor. The determination of the charge level is typically made by the prosecutor based on the facts of the case and Indiana's criminal statutes. Once charged, the judge then has the authority to sentence within the parameters set by law for the level of offense charged.