What is a Felony? Find Penalties and Law Involved
A felony conviction often results in prison time, fines, probation and a permanent criminal record. It can also prevent convicted felons from voting, serving on a jury or holding public office.
In the United States, a crime is considered a felony when it carries the potential for one year or more of jail time. Learn more about felonies in this article.
What is a Felony?
Felonies are the most serious type of crime under American law. Generally, a felony is any crime that can be punished with more than one year in prison. Unlike misdemeanors, a person who commits a felony is usually incarcerated in a state or federal prison rather than a local jail. In the past, there was a more strict distinction between crimes that were considered to be felony or misdemeanor, but today most states do not make this distinction.
A felony typically involves a more serious act than a misdemeanor, and it is often based on an act of violence. However, not all violent crimes are felonies. In general, a felony is considered more serious than a misdemeanor crime because it usually involves a greater potential penalty, which is typically a longer prison sentence.
In most cases, a person who is arrested for a felony will undergo a pre-trial hearing in which the Assistant United States Attorney will present the government’s case. During this hearing, the defendant will have the opportunity to cross-examine witnesses that are called for the United States and the defense team.
After the prosecution rests, the defendant will have the opportunity to present his or her case. Then, the jury will decide if the defendant is guilty of a felony. Upon conviction of a felony, the defendant may lose certain rights. For example, a felon is not allowed to vote and is generally prohibited from possessing firearms.
In addition, a felony conviction can affect employment and housing options. Depending on the severity of the offense, it may be difficult to find a job and even get a professional license after being convicted. Felonies also take longer to remove from one’s criminal record.
What Are the Penalties for a Felony?
A conviction for a felony can lead to prison time, probation, fines, court-ordered treatment programs, restitution, and a criminal record that will follow you throughout your life. Felony crimes are usually considered more serious than misdemeanors, and many states have laws that define felonies and their punishments differently. For example, in some states, the maximum potential jail time for a crime is one year. In contrast, in other states, the maximum possible jail time for a crime is up to life in prison.
Felonies can involve any type of crime, but they are often violent and related to property rather than people. Typical examples include murder, rape, grand theft auto, and arson. Other common felonies include forgery and fraud, but they are typically not as serious as the most severe types of felony.
In addition to incarceration, the penalties for a felony can include the right to vote or serve on a jury, the right to own a firearm, and the inability to get certain jobs or professional licenses. In some cases, a felony conviction can even affect government benefits such as food stamps, Section 8 housing subsidies, and student loans.
In general, the penalties for a felony depend on the crime’s severity and your past criminal history. For example, if you have multiple prior felonies or serious misdemeanors on your record, the judge will likely order higher minimum and maximum prison sentences. You may also be subject to enhanced felony sentencing guidelines or “three strikes” laws. In the most extreme cases, these laws could result in a lifetime sentence for convicted felons who have shown a pattern of serious crime. This is intended to deter criminals and protect the community.
How Do States Classify Felonies?
Most states divide their criminal and penal codes into classes of crimes based on how serious they are. Generally, felonies are the most serious, and if someone is convicted of one, they could face at least a year in jail and, in some cases, life imprisonment. Felonies are also punishable by fines, community service, probation, and restitution if they result in property loss. Some states have capital felonies that carry the death penalty, while others have lesser forms of punishment, such as imprisonment for less than a year and probation.
Some states, like New York, classify their felonies by number, while others use a Roman numeral system that goes from Class E (the least severe: 1 to 5 years in prison) through Class B and C, and finally to Class A (life or life without parole). Other states don’t use a class system, but instead assign penalties on a crime-by-crime basis. In either case, the classification system can make it difficult for a person to compare what crimes are considered felonies in different states.
Whether or not a crime is a felony depends on whether or not it has violence in it, or is accompanied by property loss of any amount. Some states consider all property crimes to be felony offenses, while others categorize them into violent and non-violent categories. For example, robbery in the second degree is a violent felony, while robbery in the third degree is not.
Felonies are also punished in different ways depending on who was involved in the crime, which criminal code the crime falls under, and whether or not it is a repeat offender. In general, if someone has had prior felony convictions, they are subject to longer sentences than those with no previous felony records.
How Do Federal Law Classify Felonies?
In the United States, federal criminal law defines a felony as any crime that is punishable by more than one year in prison. However, individual state laws may differ. The definition of a felony is usually based on the potential prison term, but in some states it refers to the crime’s seriousness or context. In other countries, crimes are classified as felonies or misdemeanors depending on the jurisdiction. For example, in common law jurisdictions like the United Kingdom and Ireland, serious crimes are called indictable offences, while lesser offenses are known as misdemeanors.
Most states, as well as the federal government, categorize their felonies by class or level. These designations reflect the severity of the crime, with Class A or Class 1 felonies being the most serious and Class B or Class 2 being less severe. For instance, a convicted murderer of first-degree will likely be sentenced to life imprisonment.
Generally, a felony offense involves either serious physical harm to another person or a threat of such injury. But the law can also elevate certain crimes to a felony, such as shoplifting if the defendant has two prior convictions and the merchandise is worth a particular amount.
The investigation of a felony case begins when a federal criminal investigator or an assistant United States Attorney files a criminal complaint before a judge. This is a statement, made under oath, of facts supporting probable cause to believe that the accused has committed an offense against the United States. The magistrate then issues a summons or arrest warrant for the accused. In addition to fines, a conviction of a felony typically results in the accused having to pay court-ordered restitution to the victim or victims, and probation often comes with related supervision costs, such as drug or alcohol testing and fees for electronic monitoring.
What Are the Examples of Felonies?
The legal system classifies felonies based on their severity and penalties. Felonies generally involve violent crimes such as murder, robbery and burglary or actions that can cause extreme harm psychologically. Unlike misdemeanors, which don’t often result in jail time, a felony conviction can lead to lengthy prison sentences. Felonies also include nonviolent crimes such as certain types of theft, fraud, and drug possession. Depending on the circumstances surrounding a particular crime, or your criminal history, a judge may decide to charge you with a felony rather than a misdemeanor.
State and federal laws divide felony prosecutions between their jurisdictions. For example, a felony conviction involving tax evasion or copyright infringement would fall under the jurisdiction of the federal government. Often, state and federal felonies are prosecuted together, since they tend to be related in some way.
Felonies that are considered nonviolent or do not result in injury to a victim can still carry heavy penalties. These can include property damage, larceny and/or burglary crimes. It is possible to get a felony charge downgraded into a misdemeanor by convincing the court or prosecution of your innocence, but even if you are found guilty of a felony, you will have a permanent record of the conviction.
Felonies are typically punishable by incarceration in a state prison, though it is possible to serve probation after conviction. Convicted felons often face serious long-term consequences, including losing voting rights, being barred from jury duty and having a hard time finding jobs and housing. They can also be ordered to pay restitution to victims. If a judge decides to sentence you to probation, it will likely include several conditions and requirements such as monthly meetings with a probation officer, drug and alcohol testing, community service hours, counseling, anger management classes, restitution payments and sex offender registration.
