What characterizes a "wobbler" in criminal law?

A "wobbler" in criminal law is characterized as a crime that can be classified as either a felony or a misdemeanor. The key aspect of a wobbler is its flexibility in classification, which allows the court to determine the severity of the charge based on factors such as the circumstances of the offense and the offender's history. This means that the same act can lead to different legal outcomes depending on how it is prosecuted and the specific context of the case.

For example, someone charged with a wobbler may face harsher penalties if the offense is treated as a felony compared to if it is classified as a misdemeanor. This dual classification system is important because it can affect sentencing, potential jail time, and the long-term consequences for the offender, including their criminal record.

Understanding this concept is crucial for navigating criminal law, especially when evaluating cases that may involve discretion in how they are charged. Options discussing acts that are not prosecuted, minor crimes, or crimes without consequences do not accurately reflect the nature of a wobbler, as they imply different legal standings and implications that do not pertain to the fluidity of classification seen in wobblers.