Criminal Procedures

Introduction

What is a wobbler?

A wobbler is a hybrid crime that can constitute either a felony or misdemeanor under state law. The U.S. Supreme Court explained in Ewing v. California (1998) that “under California law, a ‘wobbler’ is presumptively a felony and remains a felony except when the discretion is actually exercised to make the crime a misdemeanor.” The designation is vitally important in criminal law, as multiple felony convictions can lead to a much longer sentence than multiple misdemeanor convictions.



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