Determining what constitutes a “felony” in the legal sense is like diving into the depths of legal consequence and gravity. The felony definition is: it is more than merely a legal categorization. The label of felonies covers a broad range of crimes, from financial fraud to violent crimes, and has significant ramifications for both offenders and society at large. Understanding the meaning of this phrase requires navigating the complexities of legal terminology, social norms, and the serious consequences of illegal activity.
What Is a Felony?
A felony is a serious crime with a maximum punishment of one year or more in jail. Furthermore, rather of being kept in a municipal or county jail, a prisoner serving a sentence for a felony is typically detained in a state or federal prison.
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.
- When a felony is committed, the fines imposed might be far greater than when a misdemeanor or infraction is committed. While some misdemeanor convictions in some places, including Alaska, may result in fines of up to $25,000, felonies can carry fines of up to hundreds of thousands of dollars.
- Expungements of felonies are much more difficult, if not impossible, to obtain, and usually require a longer waiting period before the court will grant the request.
- While a conviction on a misdemeanor may result in probation once the term is completed, a conviction on a felony has extra lifetime restrictions in addition to probation:
- A convicted felon may lose the right to vote.
- A convicted felon may not be able to hold public office.
- A convicted felon may be prevented from owning firearms or certain other weapons.
- A convicted felon may be prohibited from holding a professional license.
- A grand jury must be called 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 Are Typically Charged as Felonies?
A wide array of criminal wrongs are almost always charged as felonies:
- 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 Be Prosecuted as a Misdemeanor or a Felony?
Yes, there are situations where a misdemeanor can rise to the level of a felony and be charged 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 be charged as a felony if the victim fits one of the specified characteristics, such as being a child, having mental health concerns, or working as a law enforcement officer or other public figure.
- Certain offenses may be categorized as felonies or misdemeanors, depending on whether the defendant's actions were regarded to be exacerbated or done 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.
