Hybrid offence
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A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. 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.
[edit] 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 a Mode of Trial hearing.
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 in which case the defendant has no say in the matter. If the magistrates decide that the case is suitable to be heard by them then the defendant is asked for consent to do so. The defendant can then either consent to be tried by the magistrates or opt for trial by jury at the Crown Court.
If the defendant is tried summarily in the Magistrates' Court and is convicted, there may still be a committal for sentencing to the Crown Court for sentencing if the magistrates think that their sentencing powers are inadequate.
[edit] 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.
[edit] Canadian Law
Like in the United States, the power to choose under which class a hybrid offence will be tried rests with the prosecution. Hybrid offences include impaired driving, assault and theft under $5,000.
