In many places, a “wobbler” is a crime that can be treated as either a felony or a misdemeanor. Alabama law does not officially use the word “wobbler,” but it gives prosecutors and judges room to decide how serious certain charges should be. For instance, an offense may start as a felony but end up as a misdemeanor, or vice versa, based on details like injury severity, the defendant’s history, and plea negotiations.
This flexibility can have a major impact on a person’s life. A felony conviction generally comes with much harsher penalties, including a longer prison term and more social and professional restrictions. A misdemeanor conviction can still be serious, but it often means less jail time and fewer long-term consequences.
Understanding how these charges might be considered “wobblers” can help you stay informed if you or a loved one faces prosecution in Alabama.
How Alabama Classifies Crimes
Alabama divides crimes into two main categories: misdemeanors and felonies. Misdemeanors usually involve less severe offenses, punishable by up to a year in a county jail. Some examples include smaller-scale theft or minor drug possession under certain thresholds.
Felonies, on the other hand, cover more serious actions like aggravated assault, higher-level drug crimes, and large-scale theft. A felony conviction can bring years in state prison, hefty fines, and the loss of certain civil rights.
Even though Alabama doesn’t label specific offenses as wobblers, it does allow flexibility in certain cases. A crime that seems like a felony at first might be reduced to a misdemeanor. Similarly, a misdemeanor can be elevated if circumstances indicate greater harm or danger.
Wobbler-Like Situations in Alabama
Some criminal charges in Alabama can shift between a misdemeanor and a felony, depending on factors such as the amount of harm done or the person’s prior record. For instance, theft might initially look like a felony if the stolen goods are valued above a certain limit. However, if new evidence shows the value is lower or if the defendant makes restitution, the prosecutor might lower the charge to a misdemeanor.
Similarly, a drug possession charge might remain at the felony level if large amounts are involved. But if it’s a first offense and the quantity is small, negotiations could allow it to remain a misdemeanor. In these ways, Alabama law gives prosecutors and judges room to maneuver so that the final charge lines up with the facts of the case.
Factors That Affect What You Are Charged With
Why might one person get a felony charge while another with the same basic offense faces a misdemeanor? Alabama prosecutors often weigh:
- The Severity of the Harm: If the victim’s injuries are severe or if large sums of money were lost, a felony may have been committed.
- Past Criminal History: A repeat offender typically faces harsher charges than a first-time defendant.
- Presence of Weapons: If a deadly weapon is involved, prosecutors are more likely to press felony charges.
- Cooperation and Restitution: Sometimes, offering to pay back stolen amounts or cooperating with police can encourage the prosecutor to reduce a charge.
These factors, plus any evidence you can provide in your favor, might lead to a better outcome if the charge is initially a misdemeanor or a felony.
Potential Penalties in Alabama Criminal Cases
Penalties vary widely between misdemeanors and felonies. If charged with a misdemeanor, a person may face up to a year in county jail. Fines also tend to be lower, and probation is more common as an alternative to incarceration.
If it remains a felony, however, the consequences can be life-changing:
- Prison time ranging from over one year to possible life sentences
- Larger fines
- Loss of certain civil rights, such as voting or owning firearms
- Potential difficulties with employment, housing, and professional licenses
The difference in these penalties is why many defendants work hard to keep charges within misdemeanor territory.
Contact a Birmingham Criminal Defense Attorney for Legal Help
If you’re worried about facing a felony conviction in Alabama, speak with a lawyer as soon as possible. Even if the charge starts out on the tougher side, there may be a chance to negotiate it down or prove that the situation isn’t as serious as it first appeared. By understanding how a case can “wobble” between felony and misdemeanor, you can make informed decisions about your defense.
Our Birmingham criminal defense attorneys know the ins and outs of Alabama law and can help you navigate the entire process. Contact Jaffe, Hanle, Whisonant & Knight, P.C. or call us at (205) 930-9800 for a free consultation.