Wobblers

Felonies that provide for either a county jail sentence or a state prison commitment are often referred to as "wobblers". When a defendant is charged with a wobbler, the magistrate may order the accused held to answer to either a misdemeanor or a felony.

1. A specific intent to commit a particular crime
2. A direct but unsuccessful act toward completion of the intended crime. To be an attempt, the actor or acts committed must go further than mere preparation
3. An apparent ability to commit the intended crime
4. The crime must be legally possible to commit