In Florida, some criminal offenses can be charged as either a misdemeanor or a felony. These are known as wobbler offenses. The final charge depends on how the case is handled by prosecutors and the court.
What factors are considered in the decisions of prosecutors?
What is a wobbler offense?
A wobbler offense falls somewhere between a minor crime and a serious crime. It can be charged as a misdemeanor, which carries lighter penalties, or as a felony, which can result in more severe consequences. The decision usually depends on the details of the case and the person’s criminal history.
Examples of wobbler offenses
Several offenses in Florida can be charged as either misdemeanors or felonies. Some common examples include:
- Theft: If the value of stolen property is just above or below the threshold, the charge can go either way.
- Battery: A first offense with no serious injury may be charged as a misdemeanor. If the victim suffers harm or if the accused has prior convictions, it could be a felony.
- Drug possession: Small amounts of certain controlled substances may lead to a misdemeanor charge, while larger amounts or repeat offenses may result in a felony.
Factors that affect how charges are filed
Prosecutors consider several factors when deciding how to charge a wobbler offense. These may include:
- The seriousness of the harm involved
- Whether a weapon was used
- The accused’s criminal history
- The likelihood of a conviction
These factors help prosecutors decide whether a lesser or more serious charge is appropriate. In some cases, a charge may later be reduced or upgraded based on new evidence or developments in the case. Whatever type of charge you are facing, it’s essential to seek legal guidance.