Definitions: Generally, the law treats a felony as a more serious crime than a misdemeanor. A felony involves a significant punishment, such as a prison sentence and payment of a substantial fine. In most states, a felony is punishable by imprisonment for more than 1 year up to life in prison. In some states, the worst crimes, e.g. 1st degree murder, are still punishable by death. Examples of crimes that are serious felonies in all states are murder, arson and kidnapping.
Felonies are distinguished from misdemeanors, which are less serious offenses that come with less harsh punishments. Misdemeanors are punishable by no more than 1 year in prison and payment of a fine.
Criminal offenses can also be categorized in other ways, e.g. crimes against people and crimes against property. If a perpetrator targets someone’s home, financial assets or the things that they own, it’s a crime against property.
But if someone gets hurt or faces the threat of injury, then you’re looking at a crime against a person. Some of the common felony crimes against property include burglary and arson. For example, arson happens when someone purposely sets fire to a property; it may be their own or property that belongs to another person.
Other property crimes may include embezzlement, larceny, robbery and theft by false pretenses. Theft by false pretenses happens when someone uses a lie to trick another person into handing over their property.
There’s also false imprisonment, which means holding a person in a place against their will. This becomes a felony if the person being held is a child or if the use of force is involved.
Crimes against people can get severe and include such acts as kidnapping, murder, and manslaughter. Felony murder occurs when a murder happens while someone is committing a crime that’s an “inherently dangerous felony”. Any individual who participates in the felony can be charged and convicted of the murder that takes place during commission of the felony.
Criminal offenses may be charged as either a misdemeanor or a felony. With property crimes, if the damage is worse or the stolen property is worth more, you are more likely to see the charge bumped up to a felony.
For crimes against people, the severity of harm inflicted on the victim plays a big part in whether someone faces a felony or misdemeanor charge. Things that make a crime more likely to be charged as a felony, or a more serious felony, include the use of force or a weapon in the commission of the crime, or committing the crime against a child, an elderly person, or someone in law enforcement.
Eligibility: Eligibility for a specific felony offense is not typically determined by the characteristics of the perpetrator. Rather, the charge depends on the facts of the offense, and the nature and severity of the crime committed. Factors such as the use of a weapon, or the presence of aggravating circumstances can influence the specific charges and potential penalties.
However, these factors do not make someone “eligible” for a particular class of felony. They do determine the charging, sentencing and classification.
What Are the Classes of Felonies?
States also categorize or classify felonies according to their perceived seriousness. The felony categories or classes can look different depending on the state in which you live. States sort felonies by how extreme a crime is and what punishment can be imposed on a person who is convicted of the crime.
Some states categorize felonies by letters, e.g. a Class B felony or Class D felony. Other states use numbers, such as Class 1 felony, Class 2 felony or Class 3 felony, or a 1st degree to 4th degree felony.
There are also jurisdictions that do not have alphabetical or numerical classes. Instead, they use a hybrid class and level system. For example, federal criminal laws have approximately 43 different levels of felony crimes.
State Variations: In North Carolina, felonies are classified into nine categories that are referred to by a combination of letters and numbers, i.e. Classes A, B1, B2, C, D, E, F, G, H, and I. The length of a prison sentence to which a person can be sentenced varies with each class.
Class A felonies carry the most severe punishment including possible life in prison without parole or the death penalty for crimes such as 1st-degree murder. Class I felonies are the least severe with a maximum sentence of 24 months in prison. The state uses a structured sentencing system that reflects the defendant’s prior criminal record and the severity of the crime in sentencing decisions.
Some states do not sort the felonies into these groups at all. There is no single strategy.
Is a Class A Felony Serious?
A Class A felony, which is sometimes called a Level 1 or 1st degree felony, covers the most serious crimes. If someone is convicted of a Class A felony, then the sentence could mean life in prison.
Which crimes count as Class A felonies can vary quite a bit depending on a state’s laws. And you should check the laws where you live to get a clearer picture.
What Is a Class B Felony?
Class B felonies do carry some serious consequences, but they are less harsh than Class A felonies. Because of that, people usually do not face sentences that are quite as severe as the sentences for a Class A felony.
However, a prison or jail term can increase if any sentencing enhancements apply. For example, your prison term could get quite a bit longer if you have any past criminal convictions. Your sentence can also increase if you use a deadly weapon. If you commit a gang-related crime, you could be looking at extra time.
Being found guilty of a hate crime can even give you a longer sentence too. In these cases, it’s possible to get a sentence that can add decades more than what you would expect.
What Are Other Felony Classifications?
As you move through the alphabet, felonies get treated as less serious in the legal system. For example, a Class C felony might cover such offenses as involuntary manslaughter or cases of human trafficking.
With involuntary manslaughter, someone has caused a death, i.e., a homicide, without intending to do so, often because of another crime or some negligent or reckless behavior.
If you’re facing a Class C felony charge, you could see a prison sentence that ranges anywhere from 5 to as much as 10 years in total in a state prison.
Some places have even more categories in their system, so you might encounter a Class D or Class E felony, depending on the state in which you are charged with a crime.
What Are the Penalties for Felony Crimes?
Process/Steps: Before a perpetrator can be sentenced to their punishment, they go through the process of criminal prosecution. First, law enforcement effects an arrest of a person suspected of committing a crime. The person arrested is likely to be jailed. There is then a court-hearing referred to as an “arraignment” where the defendant is formally charged with a criminal offense and enters their plea of “guilty” or “not guilty.”
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.
There is likely to be potential plea negotiations, and if they are not successful, a trial before a judge or a jury.
Evidence/Documents: It is at the trial that each side presents its evidence. The prosecution first presents the evidence of the defendant’s guilt as the prosecution must prove the defendant guilty beyond a reasonable doubt. The defendant presents evidence to establish any defenses they may have or to counter the prosecution’s evidence. Evidence may consist of documents, e.g. financial records. It may consist of scientific evidence such as DNA testing of blood, fingerprint analyses or the results of ballistics tests. Of course, witnesses may testify in person.
If convicted, the defendant faces a sentencing hearing, in which a judge imposes the sentence.
Timelines: The time it takes for a felony case to play out from beginning to end varies significantly depending on the state and the specific circumstances of the case, including the crime charged. Generally, there are statutes of limitations that dictate the length of time after a crime occurs within which charges can be filed.
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, in order to comply with the 6th Amendment, 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.
Additionally, there are deadlines for filing appeals after a conviction. These timelines are often strict and missing them can result in the loss of legal right
As for punishment, in addition to prison time and the payment of a fine, you might also have to pay restitution to anyone who suffers economic loss because of your criminal activity. Restitution means that you have to pay the victim for any losses that your actions caused. In some cases, the victim might even sue you in the civil court for more compensation.
A victim can file a civil lawsuit seeking compensation for such harm as physical or mental injuries, their pain or suffering, and the medical bills they incur because of the crime.
Some of the felonies still come with even harsher penalties. If you’re convicted of a felony sex crime, such as rape or possessing child pornography, you might need to register as a sex offender.
You can lose rights as another possible outcome. In many states, if you’re convicted of a felony, it means you can’t vote anymore. You might also run into some restrictions on things like owning a firearm or holding a professional license once you get out of prison.
The Importance of Hiring a Lawyer: As you can see, a felony case can be complex and the punishment harsh. If you have been charged with a felony, you have too much at stake to risk handling your defense on your own. You want to have a lawyer representing you and giving you professional guidance on legal strategy. Your lawyer also knows how to negotiate with prosecutors, and represent you in court.
While it is possible to represent oneself, the risks of making critical errors are high, and the outcome may be significantly worse than if a lawyer were involved.
Do I Need to Contact a Criminal Attorney About a Felony?
If you have a felony charge, you should reach out to a felony lawyer. A felony charge definitely comes with some significant risks for you. These risks may include a lengthy prison sentence. .
There may also be expensive fines. Consequences also come with other problems such as losing the chance to get jobs, own firearms or vote in the future.
