Additionally, both the Federal Courts and State Courts have independent authority to create and prosecute criminal offenses.  This creates a system where an individual can be charged under both “jurisdictions” for the same set of facts.  In practice, prosecutorial offices “work together” to determine what office will prosecute the defendant and thus, a defendant rarely faces both jurisdictions.

Some offenses can be charged in California either as a Felony or a Misdemeanor.  These are called “wobbler” offenses.  Those crimes that can be charged as a misdemeanor or infraction are called “wobblets”.

 

While the Prosecution decides what distinction to file the charge as initially, a judge ultimately has the final say about what distinction the charge will carry.