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 the state of Texas, the concept of a 'wobbler' offense is not formally recognized in the same way it is in some other jurisdictions. Texas law does not use the term 'wobbler' to describe offenses that can be charged as either misdemeanors or felonies. However, Texas does have certain crimes for which the level of the offense can vary based on the circumstances of the case, the defendant's criminal history, or the discretion of the prosecutor. For example, theft can be charged as a misdemeanor or a felony depending on the value of the property stolen. Similarly, assault can range from a Class C misdemeanor to a second-degree felony, depending on factors such as the severity of the injury and whether the victim is a public servant or a family member. The decision on how to charge these offenses is typically at the discretion of the prosecutor, based on the facts of the case and applicable law. Once charged, the judge then has the authority to sentence within the range prescribed for the offense classification.
