Exploring the intricacies of what is a felony unveils a critical facet of the legal landscape. Characterized by its severity, a felony represents an offense that strikes at the core of public safety and welfare. These offenses encompass a diverse spectrum, spanning from violent crimes like assault and homicide to complex financial crimes such as embezzlement and identity theft.
Felonies are distinguished not only by the type of offense but also by the possibility of long-term repercussions, such as heavy fines, protracted jail, and permanent stigma. Therefore, understanding what constitutes a felony is crucial for members of the public and legal professionals alike, as it highlights the severe effects that criminal activity has on both people and communities.
What Is a Felony?
A felony is a serious offense that carries a maximum sentence of at least one year in prison. Moreover, a prisoner serving a term for a felony is normally housed in a state or federal prison as opposed to a municipal or county jail.
How Does a Felony Differ from Other Types of Crimes?
There are many ways that felony charges differ from those of other criminal prosecutions:
- If you are convicted of a felony, you can be taken into immediate custody and placed under arrest. In order to be released, you would most likely also need to post bail. Misdemeanor charges can result in more than just infractions—they can potentially lead to arrest and incarceration.
- In states where it is permitted, a convicted felon may receive the death penalty. Misdemeanor convictions preclude the application of the death penalty.
- If you are charged with a felony but cannot afford legal representation, you can petition the court to assign an attorney to represent you pro bono, or at no cost to you. Defendants in small matters typically do not have the right to court-appointed legal representation.
- The penalties levied for felonies might be substantially higher than those for misdemeanors or infractions. Certain states, like Alaska, impose fines of up to $25,000 on misdemeanor convictions; nevertheless, felonies are punishable by fines of up to hundreds of thousands of dollars.
- Getting a criminal record expunge is far more challenging, if not impossible, and typically involves a lengthy waiting period before the court will approve the request.
- While a conviction on a misdemeanor may result in probation once the term completes, a conviction on a felony has extra lifetime restrictions in addition to probation:
- A convict felon may lose the right to vote.
- A convict felon may not be able to hold public office.
- A convict felon may get prevent from owning firearms or certain other weapons.
- A convict felon may get prohibit from holding a professional license.
- A grand jury may get call and it must return an indictment in every federal felony proceeding. A grand jury indictment is another need that some states, but not all, have in order to move on with a felony trial.
What Crimes Typically Charge as Felonies?
A wide array of criminal wrongs almost always charge as felonies, such as:
- Violent crimes
- Homicide offenses, including first-degree murder, second-degree murder, and manslaughter
- Robbery—committing a theft through the threat or use of force
- Burglary—entering a building or home with the intention of committing a theft offense
- Serious sexual offenses, such as rape, human trafficking, child molestation, and child pornography
- Serious drug crimes, including manufacturing or cultivating controlled substances, distribution, sale, and trafficking
- Property crimes, including malicious destruction, arson, misappropriation of property, and grand theft
- White collar crimes, such as fraud, misrepresentation, identity theft, embezzlement, securities fraud, and tax evasion
Can the Same Criminal Act Prosecute as a Misdemeanor or a Felony?
Yes, there are situations where a misdemeanor can rise to the level of a felony and be charge as such:
- Laws usually provide prosecutors the choice to charge a repeat offender with a misdemeanor or a felony. Repeat DUI/DWI offenders usually undergo this process.
- A crime that would often charge as a felony if the victim fits one of the characteristics, such as being a child, having mental health concerns, or working as a law enforcement officer or other public figure.
- Certain offenses may categorize as felonies or misdemeanors, depending on whether the defendant’s actions regard to exacerbate with wanton disregard for the dignity of human life. For example, ordinary assault may become felonious assault if the defendant used a pistol or other weapon.