What is Felony Law?
Felony law refers to the prosecution and defense of crimes punishable by at least one year in prison. These crimes exist in state and federal court. Municipal court systems typically do not handle felony cases, so if a city police officer makes a felony arrest, the case will be transferred to county court. Felonies are distinguished from misdemeanors, the latter being punishable by less than one year in jail. It should be noted that felony convictions do not require that a year or more of incarceration actually be imposed by the judge, only that the statute provides for such a penalty. It is possible for an individual to be found guilty of a felony and avoid jail altogether, especially with the help of an experienced attorney.
Types of Felony Charges
To refer to a crime as a felony is to label it broadly. Felonies can be further characterized in terms of the nature of the offense. For example, many serious crimes can be described as violent felonies, because they are carried out using force or the threat of force. Violent felonies include things like homicide, robbery, assault, rape, and so forth. Cases in which the victim is severely injured can be charged as aggravated felonies and can expose the defendant to enhanced penalties. A felony may also qualify as aggravated if the defendant brandishes a weapon, or engages in other conduct that makes the crime particularly egregious.
Drug crimes are another common type of felony charge. These can include charges of possession, use, distribution, trafficking, manufacturing, or cultivation. Whether a drug crime will be charged as a felony or a misdemeanor depends on the weight of the controlled substance recovered from the defendant as well as the defendant’s previous history of drug-related convictions. Other types of felonies include property crimes such as larceny and burglary, as well as white collar crimes like embezzlement, counterfeiting, and tax evasion. Felonies can also take the form of “subsequent offense misdemeanors.” For instance, DUI is ordinarily a misdemeanor, but multiple DUI offenses in a short period of time may result in felony charges.
Effect of a Felony Conviction
Of immediate concern to anyone charged with a felony are the terms a judge might impose at a sentencing hearing following conviction. These range from the aforementioned one year in prison for less serious felonies, to a possible death sentence for aggravated murders and other brutal crimes. Felony sentences can also include fines, court fees, restitution, community service, counseling, supervised probation, and more.
The effects of a felony conviction go beyond the terms imposed at sentencing, however. For instance, federal law prohibits convicted felons from owning or possessing firearms. The right to vote, hold office, or serve on a jury may also be lost for a period of time following a conviction. A felony record that has not been expunged can also make it more difficult to secure employment, among other things. Felonies that qualify as sex crimes raise a number of other concerns involving registration requirements. A criminal defense attorney can provide details regarding the potential ramifications of a felony conviction under a given set of circumstances.
Reducing a Felony to a Misdemeanor
Defending against felony criminal charges is not necessarily an all-or-nothing proposition. With the assistance of a lawyer, there are ways to accept some responsibility for the conduct that led to the arrest, without allowing a felony conviction to be entered. There are deferral programs available, for example, pursuant to which a defendant can complete a term of probation in lieu of a conviction. There are also ways to convince a prosecutor or a jury that the accusations, while true, actually constitute a misdemeanor rather than a felony.
The most common method for reducing a felony to a misdemeanor is through the use of plea bargain. Plea bargaining refers to the negotiation of a lesser charge in exchange for the defendant’s guilty plea. Busy prosecutors will often agree to amend a felony to something less serious, if the defendant will agree to accept blame instead of insisting on a trial. And even if a felony case goes to trial, it may be possible to argue a “lesser-included offense” theory to the jury. A lesser-included offense is a crime that consists of some but not all of the elements of a more serious crime.
To understand the concept of a lesser-included offense, consider the example of a defendant charged with felony burglary. Burglary requires that a suspect enter the property of another (trespassing) with the intent to commit a crime such as larceny. At trial, the defendant might admit to entering the victim’s property without permission, but not for the purpose of stealing or committing any other crime. This would allow the jury to find the defendant guilty of the lesser-included crime of misdemeanor trespassing, while acquitting the defendant on the felony burglary charge.
Get Help Defending a Felony
If you have been charged with a felony, it is critical to seek assistance from a criminal defense lawyer immediately. Any delay could result in you inadvertently waiving important constitutional rights. To learn about the strategies for defending your case, contact an attorney in your area.
Know Your Rights!
Felonies Law - US
- ABA - Criminal Justice Section
Founded in 1920, the Criminal Justice Section of the American Bar Association has over 20,000 members including prosecutors, private defense counsel, appellate and trial judges, law professors, correctional and law enforcement personnel, law students, public defenders, and other criminal justice professionals. With its diverse, multi-disciplinary membership, the Criminal Justice Section is uniquely situated to address the pressing issues facing today's criminal justice system.
- Catching Criminals with DNA Technology
Only violent and sex offenders must now provide DNA samples to the Crime Lab. The Governor's 2002 legislation requires additional samples from adults and juveniles convicted of any felony, plus misdemeanor stalking, harassment or communicating with a minor for immoral purposes. Correctional staff will obtain saliva swabs, instead of the blood samples now required at much higher cost. The Crime Lab will store the samples and contract to enter them into the databank as federal funding becomes available. The databank may be accessed only for criminal investigations, identifying bodies, and finding missing persons.
- CODIS - FBI
The CODIS Unit manages the Combined DNA Index System (CODIS) and the National DNA Index System (NDIS) and is responsible for developing, providing, and supporting the CODIS Program to federal, state, and local crime laboratories in the United States and selected international law enforcement crime laboratories to foster the exchange and comparison of forensic DNA evidence from violent crime investigations. The CODIS Unit also provides administrative management and support to the FBI for various advisory boards, Department of Justice (DOJ) grant programs, and legislation regarding DNA.
- DOJ - Criminal Division
The Criminal Division develops, enforces, and supervises the application of all federal criminal laws except those specifically assigned to other divisions. The Division, and the 93 U.S. Attorneys have the responsibility for overseeing criminal matters under the more than 900 statutes as well as certain civil litigation. Criminal Division attorneys prosecute many nationally significant cases. In addition to its direct litigation responsibilities, the Division formulates and implements criminal enforcement policy and provides advice and assistance. For example, the Division approves or monitors sensitive areas of law enforcement such as participation in the Witness Security Program and the use of electronic surveillance; advises the Attorney General, Congress, the Office of Management Budget and the White House on matters of criminal law; provides legal advice and assistance to federal prosecutors and investigative agencies; and provides leadership for coordinating international as well as federal, state, and local law enforcement matters.
- Felon Disenfranchisement
In 2004, 5.3 million Americans were denied the right to vote because of laws that prohibit voting by people with felony convictions. In all but two states (Maine & Vermont), felons are deprived of voting rights while serving their sentence. In ten states, felons are deprived of voting rights for life.  In the remaining 34 states, felons' voting rights are restored at some point after their sentence has been completed.
- Felony - Wikipedia
A felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors. Most[which?] common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions such as between summary offences and indictable offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the Federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.
- Felony Process in the United States
The Washington Post says more than 1 of every 100 Americans is incarcerated. This is the highest rate of any country. Longer prison terms for drug crimes, and more severe penalties for all types of crimes are partly responsible. States have gotten tougher by changing the classification of offenses from misdemeanors to felonies. This is true for various traffic offenses. Many jurisdictions have added aggravating factors to change misdemeanor driving under the influence charges to felonies. Often first offenders are felony eligible for getting a DUI without having car insurance or having a license suspended for any reason.
- Most Common Felony Crimes
What are the most common felonies committed in the US? What are common punishments for these felonies? A list of the 20 most common felonies in the US.
- National ID and the REAL ID Act
According to Tim Richardson of the Fraternal Order of Police, the Real ID Act will help law enforcement officers to obtain accurate information of any person that they are contacting. The current complaint from law enforcement is that they do not have accurate and reliable data about convicted felons, because the information from the databases of each state and federal agency is not shared among them. As a result, the lives of the officers are at risk, since they do not fully know if the person they are contacting is convicted felon.
Organizations Related to Felonies Law
- DNA Initiative
Providing funding, training and assistance to ensure that forensic DNA reaches its full potential to solve crimes, protect the innocent and identify missing persons.
- Federal Sentencing
Pursuant to the Criminal Justice Act (CJA), 18 U.S.C. § 3006A, the law governing the provision of federal criminal defense services to those unable to afford representation, the Office of Defender Services (ODS) of the Administrative Office of Pursuant to the Criminal Justice Act (CJA), 18 U.S.C. § 3006A, the law governing the provision of federal criminal defense services to those unable to afford representation, the Office of Defender Services (ODS) of the Administrative Office of the U.S. Courts, primarily through the ODS Training Branch (ODSTB), provides substantial training and other resource support to Federal Defender Organization (FDO) staff and CJA panel attorneys.
- Felon Search
You deserve to know where felons are and should have access to free public criminal background check systems. Remember, safety starts with good information, even if it ends with a loaded .44 caliber pistol. While FelonSpy.com can’t help you get a gun, we can certainly help you figure out which direction to point it in.
- Felony Conviction Records
Instantly access criminal records databases & get information on sex offenders, felony conviction records, civil court records as well as many other criminal court records.
FelonyGuide.com is owned by Jail Media, the leading provider of information about county jails in the United States. All content has been created by experts in the field of criminal justice. This information is not intended to take the place of legal advice - since your situation is case-dependent you should seek the advice of a competent professional.
- Prison Policy Initiative
Home Page > About About the Prison Policy Initiative The non-profit, non-partisan Prison Policy Initiative documents the impact of mass incarceration on individuals, communities, and the national welfare. We produce accessible and innovative research to empower the public to participate in improving criminal justice policy. The Prison Policy Initiative is most famous for documenting the distortion in our democratic process caused by the Census Bureau counting people where they are confined, not where they come from.
Publications Related to Felonies Law
- Felony - FAQs
A felony charge is a serious matter that should never be taken lightly. If you have been charged with a felony, it is important to learn what you can about your circumstances and contact an attorney. Below are some of the most frequently asked questions people have about felony cases.
- National Criminal Justice Reference Service (NCJRS) - Felonies
NCJRS is a federally funded resource offering justice and substance abuse information to support research, policy, and program development worldwide.
Articles on HG.org Related to Felonies Law
- What Does a Class 6 Felony in Virginia Mean?A "felony" is generally defined as a serious crime usually punishable by imprisonment for more than one year or by death. Accordingly, the grade of the offense is fixed by the punishment.
- Dealing with Drug ChargesBy far, one of the most common class of crimes to pass through the American legal system is the drug case. Whether possession or distribution, drug cases have gotten a lot of attention from both the media and legislators since the 1980's and the beginning of the “War on Drugs.” However, these laws are changing for some substances, like marijuana, so it is important to get a basic understanding of the state of the law related to controlled substances.
- Legal Considerations in Arson CasesArson is the malicious burning of the dwelling of another. Some states also include other places and things in the scope of items that can be burned and constitute arson, such as cars, businesses, churches, etc. In any event, arson is usually considered a second degree felony and is very serious.
- What are the Differences Between Felonies and Misdemeanors?In most states, crimes are classified in one of two categories: felonies and misdemeanors. Sometimes, there are also a third class of crimes called petty crimes or violations, and are usually punished by a fine with no jail time (these often include traffic infractions). Understanding the difference between a felony and a misdemeanor can be critical in understanding charges against a person, terms of plea agreements, and potential punishments.
- What Are the Different Types of Criminal Homicide?Homicide is the taking of a human life. Every state in the US has its own unique classifications of homicide, but these classifications generally fall into three general categories. Those general categories are murder, manslaughter, and justifiable homicide.
- Federal Child Porn Sentencing GuidelinesIn imposing sentences in Federal Court judges are required to consider the advisory sentencing guidelines adopted by the United States Sentencing Commission.
- The Bail Review Problem in Maryland Criminal JusticeOften times defendants without legal representation end up getting held for criminal offenses when they shouldn’t be.
- Resentencing of a Three Strikes Sentence Often Involves Difficult Document Gathering ChallengesProposition 36 amended the state's Three Strikes Law due to overcrowding of state prisons.
- Conviction Upheld for Possession of an Assault Weapon Although AK-47 DisassembledThe reader of this article may understand that a .50-cal weapon fires a very large round, one that probably can take down a hippopotamus or even perhaps an elephant. It is used in the military often to penetrate buildings with stucco and drywall (the author of this article is a former Marine with seven years of active duty service, including combat experience).
- 17 Year Old May Be Charged as an Adult with Federal 2nd Degree Murder Based on Lay TestimonyCongress established six factors that a district court must consider to determine if such a transfer is in “the interest of justice.”
- All Criminal Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Criminal Law including: arson, assault, battery, bribery, burglary, child abuse, child pornography, computer crime, controlled substances, credit card fraud, criminal defense, criminal law, drugs and narcotics, DUI, DWI, embezzlement, fraud, expungements, felonies, homicide, identity theft, manslaughter, money laundering, murder, perjury, prostitution, rape, RICO, robbery, sex crimes, shoplifting, theft, weapons, white collar crime and wire fraud.