Some crimes are clearly more serious than others. Offenses related to homicide are almost always felony crimes. Other offenses may be misdemeanors or even civil violations of the law that carry a financial penalty but no risk of jail.
People concerned about criminal charges due to a recent arrest or a pending indictment may feel uncertain about what charges the state may pursue. In some cases, alleged criminal activity constitutes a wobbler offense, which leaves the charges at issue largely up to the discretion of the prosecutor.
Wobbler offenses are common
State statutes include numerous factors that can either worsen a criminal offense or mitigate some of the seriousness of a charge. If a person has several prior offenses involving similar conduct, the state could potentially pursue a felony charge instead of the misdemeanor charges the person pursued before.
Drunk driving allegations are often wobbler offenses that may be misdemeanor crimes when people only have one offense on their record and there are no aggravating factors present. However, they may become felony offenses in cases where drivers have a history of drunk driving or when their actions cause harm to others.
Numerous other crimes, ranging from violent offenses to theft crimes, can also be wobblers, depending on the circumstances. In such cases, the prosecuting attorney has the discretion to decide what charge to pursue based on their knowledge of the situation.
For people facing wobbler offenses, support during pretrial preparation could be key to limiting a risk of long-term consequences associated with a lesser conviction. For others, a strong defense strategy may be necessary to avoid the extreme of a felony conviction. Working with an experienced criminal defense attorney is crucial for those who want to avoid the worst possible consequences when potentially facing prosecution for a wobbler offense.