Hybrid offence
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A hybrid offence, dual offence, or wobbler are the special class offences in the English and Welsh, Australian, Irish, and Canadian criminal law where the prosecution may choose whether to proceed with the case as either a summary offence or an indictable offence. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment.
English law
In English law a hybrid offence is called an either-way offence and can be heard at either the Magistrates' Court or Crown Court. The decision as to which court will hear the case is determined at the Mode of Trial hearing.
Firstly, the magistrates decide if the case is suitable to be heard in the Magistrates' Court. If they decide that the case is either too serious or too complex, they can send the case to the Crown Court without further reference in which case the defendant has no say in the matter. If, on the other hand, the magistrates decide that the case can be heard by them in the lower court then the defendant is asked for his or her consent to do so. The defendant can then either consent to be tried by the magistrates or elect that the case is referred to the Crown Court.
If the defendant elects to be tried at the Magistrates' Court and is found guilty, he or she may still be sent to the Crown Court for sentencing if the magistrates think that the sentence required is more severe than that which they are allowed to give.
U.S. Law
In American states, if the underlying offense is a wobbler, the prosecuting attorney has discretion in deciding which category to charge the defendant. Prosecutors may strategically file such offenses as felonies, agreeing to refile the charge as a misdemeanor should the defendant consent to a guilty plea.
After hearing evidence at a preliminary hearing, the judge or magistrate has discretion to reduce a felony wobbler to a misdemeanor charge; the opposite is not permitted.
In juvenile court, after a minor is declared to be delinquent following a bench trial or open plea, the judge may classify a wobbler felony as a misdemeanor instead.
Common wobblers include assault with a deadly weapon, grand theft, or bigamy.