THE LAW: FELONY 101

geeboy (56)in #law • 8 years ago

FELONY
A serious crime. Felony is the classification of the most serious types of crimes. Covering a wide range of criminal acts, felonies often involve crimes involving physical harm, or large scale theft and fraud.

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These often include:

Murder
Manslaughter
Aggravated assault
Felony Assault
Kidnapping
Arson
Grand larceny
Sale or manufacturing of fake drugs
Tax Evasion
Animal cruelty
Treason

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Violent and Nonviolent Felonies
While most crimes involving violence are considered felonies, not all felonies involve violence. These are looked at differently by the court, especially when considering past crimes in conviction and sentencing.

Misdemeanors

Misdemeanors are criminal offenses that carry up to a year in jail. Punishment can also include payment of a fine, probation, community service, and restitution.

Infractions

Infractions (sometimes called violations) are petty offenses that are typically punishable by fines, but not jail time.

Difference Between a Felony and a Misdemeanor

Felony is usually classified in contrast with misdemeanor crimes. Misdemeanors are less serious crimes that usually result in a small fine and/or jail time of less than one year in a jail facility rather than a prison facility. Common misdemeanors include petty theft, vandalism, trespassing, and public drunkenness. Some misdemeanors may be elevated to the status of felony if certain “aggravating factors” are present. For example "assault", which is usually a misdemeanor charge. However, if the assault is committed with the use of a deadly weapon, or against a woman, child, or police officer, the charge is said to be “elevated” to that of “felony assault.” This will result in sentences that are closer to those for felony charges.

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Violent Felonies

Violent felonies often contain the use of force or threat against a person, though some states consider violence against property to be a violent felony.

Nonviolent Felonies
Many crimes have nothing to do with violence, though are felt to put the public in some other risk of harm, often of a financial nature. Such crimes include grand larceny, tax evasion, money laundering, and fraud.

Felony Expungement

Felony expungement refers to the clearing or removal of felony charges from one’s criminal record. If a felony has been expunged from one’s record, the public cannot access information regarding the felony charges.

There is a major difference between “felony arrest” and “felony charges".
A felony arrest occurs when a suspect is arrested based the police’s suspicion that they have committed a felony. While felony charges are only brought against the suspect after arrest and during a formal court hearing where the charges are entered into the record. "Felony conviction" occurs when the defendant is actually found guilty of the felony.
Thus, it is possible to be subject to a felony arrest, but not receive felony charges or a felony conviction.

Also, if a person has been subject to a felony arrest, this might be indicated in their criminal record, but the public might not able to access the small details surrounding the arrest.

Felony and Misdemeanor

The primary differences between the two are:

Prison or jail time: Felonies carry a potential prison sentence, while misdemeanors often involve incarceration in a local jail.
period of incarceration: Generally, misdemeanor sentences are no longer than one year in jail. Felony sentences, however, are longer and some may even result in death penalty.
Post-conviction consequences: A person with a felony conviction may suffer long-term consequences due to the felony charges appearing on their criminal record. These include losing the right to vote, possess firearms, and to hold certain jobs or positions. By contrast, those with a misdemeanor conviction generally find the long-term consequences not to be severe.

References

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