Wobbler

Noun

1. One who or that which wobbles.
2. A person who is undecided, and might go to either side.
3. A stone that rocks from side to side as it travels because it is not resting on its running surface.
4. A case that could go either way depending on factors that cannot be controlled.
5. A class of crime that can be charged as a lower penalty or a higher penalty, e.g. a crime punishable as either a misdemeanor or a felony at the discretion of the prosecutor.