What happens when you face a wobbler offense?

On Behalf of | Jan 15, 2025 | Criminal Defense |

In most cases, the distinction between a misdemeanor and a felony is clear. Misdemeanors are generally less severe offenses, while felonies typically include serious crimes like murder and assault.

However, most people do not know about the special class of crimes called wobbler offenses. These are acts that vary widely in severity and can be charged as either a misdemeanor or felony.

You will probably hear the terms “dual-classification crimes” or “swing crimes” instead of wobbler offenses. Either way, it is crucial to understand how they can impact your situation.

What are wobbler offenses?

As mentioned, these are crimes that can either be misdemeanors or felonies. The circumstances surrounding the offense will determine which classification it falls under.

Take DUIs for example. First and second DUI offenses are typically misdemeanors in Florida. However, a DUI can become a felony for repeat offenders or if it causes serious bodily injury.

Several factors can affect a court’s decision when charging a crime, including but not limited to:

  • The age of the defendant
  • The severity of the crime
  • Prior offenses
  • The presence of aggravating factors
  • The chances of reoffending

There is no cut-and-dry method when charging wobbler offenses. Typically, the prosecutor decides whether to charge the offense as a misdemeanor or felony.

What can you do to mitigate the consequences?

There is a vast difference between a misdemeanor and a felony charge. The latter can result in prison time whereas misdemeanors may lead to less serious punishments, such as probation or county jail.

It is possible for a judge to reduce a felony to a misdemeanor during the preliminary hearing, the time of sentencing or when you file a petition. This is usually applicable in cases with mitigating circumstances that may motivate more lenient sentencing.

For instance, if you do not have any criminal record or you commit to providing restitution to the victim, the judge may give you a lesser charge. Cooperating with law enforcement and demonstrating a willingness to change can also help.

If you are facing a wobbler offense, having experienced legal counsel is crucial for pursuing the best outcome possible. A criminal defense attorney can guide you throughout the process and fight for your case in court.