The criminal justice system uses three classifications of crimes: citations, misdemeanors, and felonies. Misdemeanors are more serious than a citation (an example of a citation is a traffic ticket) but less serious than felony charges. Citations are punishable by a fine. Misdemeanors are punishable by a maximum of one year in jail and a larger fine. Felonies are punishable by at least one year in jail or prison and an even larger fine.
States divide felonies into categories. One category of felonies is the most serious, for example, the category that includes manslaughter and murder. One category is the least serious; these felonies are generally non-violent and the harm done less serious. Class D felonies are the least serious felony crimes.
A large number of states classify felony charges alphabetically. Others, such as Arizona and Colorado use a numerical system, such as Classes 1, 2, 3, and 4 or 1st degree, 2nd degree, etc. For example, states such as Alabama and Alaska use the alphabetical classification system. This classification system is utilized to ensure that sentences imposed for felony convictions remain consistent. Generally, the classes are as follows:
- Class A
- Class B
- Class C
- Class D.
The types of felony crimes included in each class, the number of class groups, and the sentencing guidelines vary by state. But each state has a classification system that serves the same purpose.
For states that use an alphabetical classification system, Class A felonies are the most severe and violent crimes. Convictions of these crimes carry some of the harshest punishments.
In contrast, a Class D felony, while still classified as a felony, meaning that the minimum punishment is at least 1 year in jail or prison and perhaps payment of a fine, is the least serious and is considered minor compared to other classes of crimes.
Process/Steps: A criminal case usually begins with the arrest of a suspect. Law enforcement jails the suspect. Law enforcement then presents their case to the prosecution. For state criminal offenses, the prosecutor is usually a county district attorney or state’s attorney. The prosecution decides what charges to file against the suspect. The suspect then appears at a court hearing known as an “arraignment.”
At an arraignment, a judge formally charges the defendant with a crime or crimes and the defendant enters a plea, usually a plea of “not guilty.” If the defendant is in jail, they may want to be able to make bail and be released from jail. So the defendant may make a motion to set bail.
Next, there may be a preliminary hearing or grand jury indictment to determine if the prosecution has enough evidence to justify subjecting the defendant to a criminal prosecution. If there is sufficient evidence, the case then moves into the pre-trial phase. This phase involves discovery of the evidence by the parties, and pre-trial motions, e.g. motions to suppress evidence that was obtained through illegal searches or seizures.
The pre-trial stage of the case then proceeds. The parties make pre-trial motions, e.g. motions to suppress evidence that has been obtained through illegal searches and seizures. Then the date for the trial arrives. If the defendant has not accepted a plea agreement that compels them to plead guilty in exchange for a certain punishment, the trial must take place, and a jury, or judge, decides whether the defendant is guilty.
If the defendant is found guilty, either in a trial or because they plead guilty, the judge imposes a punishment at a sentencing hearing.
Timelines: There are statutes of limitations for Class D felonies as for all other criminal offenses, and they vary from state-to-state and depend on the specific crime. Statutes of limitations set a time limit within which a criminal case must be initiated. The length of the statute of limitations can depend on the severity of the crime and other factors. It is important to consult with a legal professional to determine the applicable statute of limitations in a specific case.
The 6th Amendment to the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” Most state constitutions have a similar provision. It means that a criminal trial must begin promptly after a defendant is charged unless the defendant waives this right. Defendants often waive the right, because their lawyer wants time to prepare for the trial.
But if the right to a speedy trial is not waived, states have laws that require trials to start within 30, 60 or 90 days. The exact time varies from state-to-state, but is usually not more than 90 days from the date on which the defendant is arrested.
What Is the Sentence for a Class D Felony Criminal Conviction?
The punishment for Class D felony charges, if a defendant is convicted, varies depending on the jurisdiction and the crime charged. In most cases, sentences consist of some of the following:
- Serving a period of time that is more than 1 year in prison
- Payment of fines and court costs
- In cases involving financial crimes such as forgery, fraud, or theft, payment of restitution to the victim
- Submitting to mandatory drug and alcohol testing and/or participating in treatment
- In cases of stalking or domestic abuse, complying with no-contact orders
- Participation in anger management counseling
- For felony DWI/DUI cases, suspension or revocation of driving privileges. The sentence may also include an order to use a vehicle interlock device on the car (a device that prevents the car from starting if alcohol is detected on the driver’s breath)
- Community service
- Probation, whether supervised or unsupervised.
In some jurisdictions, the sentence for a particular crime is fixed; every person convicted suffers the same punishment. In most states, however, a judge has discretion regarding the sentence imposed. The judge is allowed to consider the nature and severity of the crime, the defendant’s criminal history and current probation status, and the likelihood that the individual will re-offend. Individuals who are repeat offenders are likely to face harsher punishments than first-time offenders. This may include increased jail time and fines.
Although Class D is the least serious of the felony convictions, since it is a felony, a conviction remains on an individual’s record permanently unless it is expunged. This may impact a person’s ability to find a job, attend school, rent an apartment, or obtain a mortgage loan if a background check is required.
Could I Receive More than Seven Years in Prison?
Yes, it is possible to receive more than 7 years in prison for a Class D felony conviction. Although this is a less serious offense, sentences vary by state. Many states allow a sentence of less than 7 years, but others may impose a sentence of up to 40 years.
In the federal system, the punishment for a felony that would be a Class D felony if tried at the state level is more than 5 years but less than 10 years in federal prison. Examples of federal Class D federal crimes include mail fraud, identity theft, and tax evasion.
Aside from the classification system of the jurisdiction, other factors can influence the sentence for a Class D felony. For example, Class D felony jail time can be increased if the defendant has a prior criminal history.
The Importance of Hiring a Lawyer: The potential punishment for a felony criminal offense can be quite serious. This is why it is essential to have a criminal defense attorney to represent you if you have been charged with any kind of criminal offense. Your lawyer will be able to identify defenses that are available to you. They may also be able to persuade the prosecution to charge you with a less serious offense, e.g. a misdemeanor instead of a felony.
Your lawyer knows how to identify and obtain evidence that may help prove your innocence. They will also know of many strategies to help you of which you may not even be aware.
Eligibility: Because each state has its own criminal laws and its own system of punishments for crimes, punishment for a Class D, Class 4, or 4th degree felony varies from state to state. In addition, how crimes are categorized varies. Some Class D felonies carry maximum prison sentences of only a few years, whereas other states could have maximum penalties closer to 10 years.
Most felony statutes specify a range of prison time and fines with maximums for the felonies in each category. They are usually subject to an enhancement for repeat offenders or aggravating circumstances. Or, a judge is likely to sentence a defendant to the maximum possible punishment if an offender has a record of prior offenses.
Usually, the maximum penalty is reserved for the worst offenders. Judges generally have the discretion to impose any sentence up to the maximum. Again, the actual sentence imposed depends on various factors. An offender with a lengthy record of criminal convictions, usually receives a sentence closer to the maximum, whereas a first-time offender will usually receive a much lower sentence. Other factors that judges weigh in sentencing are the circumstances of the crime, the victim, the harm caused, and the defendant’s background and remorsefulness
How Serious Are Class D Felonies?
All felony charges are serious and can include life-long consequences and loss of rights, as discussed below.
A Class D felony is much more serious than a Class D misdemeanor. Class D misdemeanors usually carry a punishment of less than 30 days in jail and a fine of less than $250. The punishment for misdemeanors does not involve the same losses of rights as felony punishments.
What Are Some Common Examples of Class D Felony Crimes?
Class D felonies vary by state and jurisdiction but often include:
- Domestic assault;
- Involuntary manslaughter, accidentally taking a life
Aggravated assault, i.e., assault with a weapon
- Larceny (theft)
- Burglary of commercial property
- Theft of a motor vehicle
- Shoplifting. This crime is a misdemeanor or a felony, depending on the value of the merchandise stolen
- Fraud, such as bank account fraud and check fraud
- Embezzlement
- Resisting arrest
- Weapons violations
- Possession of small amounts of illegal substances, with or without the intent to distribute
- Felony DWI/DUI
- Stalking
- Human trafficking
- Promoting prostitution
- Child enticement (luring a child to a remote location for sexual purposes)
- Forgery
- Arson if the fire is set on vacant property or land. If the land is occupied, it will be classified as a more serious offense than Class D
There are circumstances that would lead to a crime normally charged as a misdemeanor being charged as a felony. For example, with Class D assault or domestic violence assault, the assault may be charged as a felony if certain factors are present during the incident, such as the following:
- A weapon is used in the commission of the crime.
- The defendant inflicted severe bodily harm or death.
- The defendant used alcohol or drugs before committing the crime.
- The defendant violated a restraining order.
- In a domestic abuse case, there is a pattern of abuse.
- The defendant is a repeat offender.
State Variation: Again, Class D felony classifications and examples vary quite a bit from state to state. For example, some states may categorize certain theft offenses as Class D felonies when in other states, they are misdemeanors.
Drug offenses are classified very differently from state to state. Some states may treat simple possession of small amounts of drugs as a Class D felony while in other states, it is a misdemeanor. It is essential to consult a criminal defense lawyer in the state in which one is charged with an offense to find out whether the crime is a felony or a misdemeanor and if it is a felony, what class of felony and importantly, what the punishment is for the crime.
Evidence/Documents: The types of evidence and documents used in Class D felony cases depend on the specific crime, but generally similar kinds of evidence are used in many different cases. For example, such evidence as police reports, witness statements or live testimony given in court, forensic evidence, such as DNA analysis or fingerprints, physical items such as clothing or the remnants of clothing, videotapes of the crime, financial records of all kinds in cases of fraud or theft, and medical records in assault cases may be used.
In some cases, digital evidence such as emails, text messages, or social media posts may also be relevant. The prosecution and defense both gather and present evidence to support their respective cases.
What Are the Defenses to a Class D Felony Criminal Charge
Of course, defenses are available for a class D felony charge. These will depend on the circumstances of the offense and the type of crime. Common defenses to Class D felonies include lack of intent and knowledge.
Lack of criminal intent is a common defense to felony charges, except felony driving under the influence. In this defense, a defendant argues they did not intend to commit the crime, were unaware of their actions, or did not have the mental capacity to formulate intent because of intoxication or mental disability. This defense is common in bank and check fraud cases. Similarly, it can be used in stalking or assault cases when the defendant did not intend to scare or threaten the victim.
A lack of knowledge defense can be used against charges of forgery, burglary, and motor vehicle theft. The defendant will argue that they believed they had permission to enter a building, permission to use another individual’s signature or identification documents, or permission to use someone else’s car. They will claim they lacked the knowledge necessary to form an intent to commit the crime.
What Other Rights Can I Lose if I am Convicted of a Felony?
As noted above, a felony conviction can have life-long consequences beyond an individual’s criminal record. Felony convictions can negatively affect other rights. These may include:
- Voting rights
- The ability to serve on a jury
- Child custody and visitation
- Access to public benefits, such as food stamps
- Retaining or renewing professional licenses
- Eligibility to obtain federal student loans
- The ability to purchase or own firearms.
Costs/Fees: In addition to the loss of rights, a defendant may incur other costs and fees in connection with a felony conviction. Of course, there is the possible sentence of paying a fine that could be thousands of dollars.
In addition, a defendant may be sentenced to paying restitution to victims if the crime was one that caused the victim financial loss. There may be costs related to obtaining mandatory drug or alcohol testing, treatment for addiction or fees for installing a vehicle interlock device on one’s car in a DUI case. There could be other costs as well.
Do I Need to Contact a Criminal Attorney if I Have Been Charged with a Class D Felony?
While a Class D felony is not the most serious of felonies, it is still a felony, and a conviction will impact you for the rest of your life. Unlike a citation or a misdemeanor, which will drop off your record after some time, a felony is permanent. As noted above, in addition to jail time, many privileges may be affected by a felony conviction. This is especially true for repeat offenders.
If you are facing felony charges, contacting a criminal defense lawyer is in your best interest. A criminal lawyer will review your case, advise on the best defenses, and represent you during court proceedings. Perhaps most importantly, a criminal defense attorney will vigorously try to get your charge reduced from a felony to misdemeanor.
The lawyer will achieve this through negotiation with the prosecution or, if the case goes to trial, by presenting evidence to the judge or jury that your crime was less serious than a felony charge.
