wobbler

n. (in California) a crime that can be charged as a misdemeanor or a felony. Subjects: California, English, Law, Jargon

Editorial Note: This is a specific use of wobbler as it is more generally defined, “a thing or person that wavers, hesitates, or vacillates between two or more directions, options, or outcomes.”

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Citations: 1986 Dave Palermo Los Angeles Times (May 4) “More Arrests for Spouse Beatings: Results Disputed” p. 1: Section 273.5 cases are considered “wobblers” in law enforcement jargon, meaning charges can be filed either as misdemeanors or felonies. The decision is left to the arresting officer, detective supervisor and prosecutor. 2004 [Folinskyinla] Usenet: alt.visa.us.marriage-based (June 16) “Re: Criminal record”: Second point on the jurisdiction of the court—certain offenses are what California lawyers call “wobblers”—they can be charged as either felonies OR misdemeanors [which is max of one year in California parlance]. 2006 Jon Sands Ninth Circuit Blog (May 19) “US v. Diaz-Argueta, No. 05-10224 (5-16-06)”: This is a 1326 case, where the defendant argued that his state conviction of “assault with a deadly weapon” was a “wobbler” (parlance for either a felony or misdemeanor). The 9th agreed that this offense could be a “wobbler,” but the presumption is that it is a felony, and that the state court must do something to indicate that it is a misdemeanor. 2006 Carolyn Johnson KBO-TV (San Francisco, California) (Sept. 6) “ABC7 Legal Analyst On Pretexting”: Johnson says the section creates what is known in California as a “wobbler.” “A wobbler can be charged as a felony or misdemeanor at the prosecutor’s discretion,” says Johnson. “The maximum penalty if charged as a felony is 3 years in state prison.”

Posted 7 Sep 06 | Permalink | Tell a Friend

Reader comments:

In England there’s a phrase ‘to throw a wobbler’ which means ‘to get annoyed or upset’. As in: ‘He lost his job yesterday because he threw a wobbler when his boss told him off for being late.’

by Alan 08 Sep 06, 1022 GMT