The Criminal Wobbler

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I thought this sounded interesting: A 'wobbler" is a criminal offense that can be charged as either a felony or a misdemeanor. This term is based on factors like severity and criminal history. It can be charged at the prosecutor's or judge's discretion. If charged as a felony, the defendant faces state prison, if reduced to a misdemeanor they would face county jail or a fine. Common wobblers include assault with a deadly weapon, grand theft, vehicle manslaughter and embezzlement. The defendant's prior criminal record, and the specific facts of the case plus the level of violence involved would be used to determine which would be used.