In most states, a crime is coded in the statutes as a misdemeanor or felony. The class or degree of the crime indicates the severity of the charge within its category. In Colorado and a few other states like California, some crimes can be charged as either, meaning the same crime might be charged as a misdemeanor in one instance and a felony in the other. Essentially, this is where the name “wobbler” comes from, because one crime may be charged either way depending on the circumstances of the case.
Colorado Wobblers Are Limited to Drug Crimes
In Colorado, wobbler offenses are limited to certain types of drug crimes. Violent crimes, theft, white-collar crime, and other kinds of offenses are not considered wobblers. The following crimes can be charged as either a felony or a misdemeanor:
- Obtaining illegal drugs by fraud
- Possession of more than twelve (12) ounces of marijuana flower
- Possession of more than three (3) ounces of marijuana concentrate (hash, oil)
- Possession or distribution of up to two (2) grams of ketamine, heroin, or methamphetamine
- Distribution of up to four (4) grams of cocaine
What Influences Which Way a Wobbler Crime Wobbles?
There are a number of different factors that can influence whether a wobbler crime is charged as a misdemeanor offense or a felony. For example, if you have a long criminal history of drug charges, the greater the likelihood is that your wobbler offense will be charged as a felony rather than a misdemeanor because the court will believe that more serious penalties are in order.
Other things that can influence a wobbler crime include the amount of substance(s) in question, the age of people to whom the substance(s) were distributed, and if any deaths were connected to the distribution of controlled substances.
Call a Denver, Colorado Criminal Defense Lawyer Today
If you were charged with a wobbler crime, your future depends on the adequacy of the criminal defense attorney you hire. Public defenders are often new and inexperienced defenders who may be unable to aggressively litigate on your behalf.
Richard B. Huttner is a seasoned Colorado criminal defense attorney that can provide you with comprehensive, zealous legal representation after being charged with a wobbler drug crime. It’s important that you don’t delay getting help protecting your rights under Colorado state law. Call now at 303-981-6366.