Some crimes are easy to categorize. People generally recognize that murder is a very serious crime that leads to felony charges. People also understand that there are many lesser crimes that may only lead to misdemeanor criminal allegations.
There are also some types of offenses that people refer to as “wobbler offenses.” Understanding what that means can be helpful for anyone accused of this unique type of crime.
A wobbler could be a misdemeanor or a felony
A wobbler offense is a crime that can lead to either felony or misdemeanor charges. Typically, details about the situation determine if the offense is a misdemeanor or a felony.
In theft cases, the type of property and the value of the assets stolen determine if the state pursues misdemeanor or felony charges. Numerous other crimes are wobbler offenses. There are aggravating factors that might lead to the state pursuing felony charges against a defendant. The law may also recognize mitigating factors that allow for misdemeanor prosecution instead.
Frequently, state prosecutors try to bring the most serious charges they can when prosecuting people. They often pursue felony charges if the law permits when someone faces a wobbler offense. Bringing the harshest charges possible can convince defendants to negotiate plea bargains to avoid the worst penalties possible after a conviction.
Looking into the technicalities of what makes a specific crime a felony can be a valuable component of a criminal defense strategy. Proving that the situation didn’t meet the statutory requirements or even negotiating a plea bargain can be possible options for those facing felony criminal charges for wobbler offenses.