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 Montana (MT), 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. Montana law does not use the term 'wobbler,' but the concept exists where the law provides for certain offenses to be charged at different levels of severity. For example, a theft might be charged as a misdemeanor if the value of the stolen property is below a certain threshold and as a felony if the value exceeds that threshold. The decision on how to charge the offense typically lies with the county attorney (prosecutor) and can be influenced by the specifics of the offense and any plea bargaining that may occur. Sentencing is ultimately determined by the judge, who may consider the same factors in deciding whether to impose a misdemeanor or felony sentence.