What Is A Wobbler Crime?

What is a Wobbler Crime?

The “Colorado Wobbler Law” is not a legal term that is legally recognized in Colorado law, but it is a Colorado Statute. The term “wobbler crime” is sometimes used to refer to a criminal offense that isn’t really a felony or a misdemeanor, depending on the specific circumstances of the case. In fact, a wobbler crime isn’t a misdemeanor or a felony. It’s both!

Wobbler Crime – Not A Felony Or Misdemeanor. It’s Both!

A Wobbler is a charge that is filed under state criminal laws that allow prosecutors to choose whether they want to charge a case as a misdemeanor or a felony. A felony crime in Colorado usually earns a sentence of one year in state prison.

A misdemeanor crime is usually punishable by less than a year in a local jail and/or a fine. Most crimes in Colorado are characterized by the above categories and are classified as a felony or a misdemeanor. Wobbler crimes can be either

The penalties for Wobbler charges can include fines, community service, drug treatment, probation, and/or a suspended driver’s license or state-issued ID card. Wobbler penalties can vary by state based on the type of controlled substance involved and whether there is sufficient evidence to prove intent to distribute.

Wobbler Drug Crimes

Wobbler drug crimes are the most serious type of Wobblers and are frequently charged in drug distribution cases.

They’re typically charged when a controlled substance is involved, and it is proven that the defendant had more than a gram of the substance. If there is sufficient evidence of intent to distribute, the Wobbler may be charged as an aggravated misdemeanor and may result in a fine, prison sentence, and/or all of the above.

Depending upon the degree of crime committed, criminal charges can “wobble” from felony to misdemeanor

Drug Wobbler Penalties

Aggravated Wobbler penalties are determined by the type of controlled substance involved.

• If the controlled substance is a Schedule I or II controlled substance, the penalty is typically imprisonment, fines, and/or a suspended driver’s license. If the controlled substance is a Schedule III controlled substance, the penalty is typically a fine and/or community service.
• If the controlled substance is a Schedule IV controlled substance, the penalty is typically a fine and/or community service. Finally, if the controlled substance is a Schedule V controlled substance, the penalty is typically a fine and/or community service.
• In addition to the penalties listed above, any drug offense that is punishable by a Wobbler charge also has the potential to be charged as a continuing offense under Colorado law.

Defenses to a Wobbler Crime

Depending on the circumstances of the case, a Wobbler defense lawyer may be able to persuade the judge or jury to find the defendant not guilty or reduce the charge to a non-Wobbler crime.

Possible defenses to a Wobbler charge include the following:

• The controlled substance was obtained legally and was not intended for distribution.
• The controlled substance was obtained for a legitimate purpose (such as for medical marijuana under Colorado’s new laws).
• The defendant did not knowingly possess the controlled substance.
• The defendant did not know that the controlled substance was intended for distribution.
• The only chargeable offense was a regulatory offense (such as possession of drug paraphernalia).

Conclusion

It’s important to note that while the term “wobbler” may not be used in Colorado law, the state does have a system for classifying criminal offenses based on their severity, with penalties ranging from fines to imprisonment. If you are facing criminal charges in Colorado, it’s important to consult with an experienced criminal defense attorney who can help you understand the specific charges against you and work to protect your legal rights.

A wobbler crime is a charge that allows prosecutors to choose whether they want to charge a case as a misdemeanor or felony. If prosecutors choose to proceed on a Wobbler charge, the defendant may be charged as a misdemeanor and may be sentenced to jail time but will not be imprisoned for more than one year.

The penalties for Wobbler charges can include fines, community service, drug treatment, probation, and/or a suspended driver’s license or state-issued ID card.

Wobbler penalties can vary by state based on the type of controlled substance involved and whether there is sufficient evidence to prove intent to distribute.

Whether you have been arrested for a Wobbler crime or have been charged with a Wobbler crime, contact the criminal defense attorneys at The Kohn Law Firm for legal assistance.