Felonies
Serious crimes are called “felonies”. These crimes can be violent or non-violent,
including theft or embezzlement of large amounts of money, assault, murder, rape,
kidnaping, drug trafficking, racketeering, and fraud. Generally, a felony is any crime with
a punishment greater than one year in prison, including the death penalty. Therefore, the
punishment defines the seriousness of the offense, not the criminal statute. Even if a
state criminal code defines a crime as an “aggravated misdemeanor”, the crime is
treated as a felony if the punishment exceeds one year of imprisonment.
Felony trials are handled differently from misdemeanor trials. The defendant is required
to be present for the entirety of a felony trial. In some states, a grand jury indictment is
required for a felony charge. The defendant will be tried by a jury of 12 people. A
preliminary determination will also occur before the defendant is tried to determine if
there is probable cause to believe the crime has been committed and that the defendant
committed the crime. At the preliminary determination, hearsay evidence can be
admitted. In some states, a third felony conviction can bring a “three strikes” law into
effect, meaning a mandatory life sentence or a “habitual criminal” law which requires an
extended mandatory sentence. Finally, in some states a felony conviction can lead to a
death sentence.
A felony charge can also affect other charges. In some jurisdictions, an accidental death
can be ruled manslaughter or murder if it occurs during the commission of a felony.
Conspiracies to commit felonies are generally treated more harshly than other
conspiracies.
If a defendant is found guilty, a felony conviction can have serious repercussions for life.
Felony convictions may result in longer sentences or extended probation sentences of a
combination of both to include a period of incarceration at a treatment facility or work
ethic camp. Convicted felons are stripped of their right to serve on juries, lose their right
to vote and can be barred from some professions, such as law, teaching or the military.
A convicted felon is barred from possessing firearms.
The seriousness of these crimes and of their punishment makes it vital to have an
experienced criminal defense attorney to assist you.
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