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 New Mexico, the concept of a 'wobbler' offense is not as formally recognized as it is in some other states. However, there are certain crimes that can be charged and sentenced with a degree of flexibility, similar to the wobbler concept. The determination of whether an offense is treated as a misdemeanor or a felony can depend on various factors, including the circumstances of the offense, the defendant's criminal history, and prosecutorial discretion. For example, some drug possession offenses may be charged as misdemeanors or felonies based on the quantity of the substance and the presence of aggravating factors. Ultimately, the decision on how to charge an offense in New Mexico is made by the prosecutor, and the sentencing is determined by the judge, within the bounds of state statutes and federal law.