Malcolm Rivera
A felony is a serious crime, traditionally considered more severe than a misdemeanour, which is regarded as a less serious offence. The term felony originated from English common law, derived from the medieval French word félonie, to describe an offence that resulted in the confiscation of a convicted person's land and goods, alongside additional punishments, including capital punishment. In the United States, felonies are generally crimes that carry a punishment of over a year of incarceration, although the term is not uniformly defined throughout the country. The threshold for property crimes is commonly $1,000, with prison time of a year or more, plus restitution based on property loss. However, the definition of a felony varies across different states, with some classifying felonies by degree, ranging from first to fifth, with first-degree felonies being the most serious.
| Characteristics | Values |
|---|---|
| Seriousness | High |
| Mode of trial | Indictable offences, triable by jury |
| Punishment | More than one year in prison, death penalty, loss of voting rights, barred from jury duty, loss of professional licenses, difficulty in obtaining jobs and housing, supervised release programs, probation periods, fines, job loss, stress, loss of the right to bear firearms, etc. |
| Examples | Aggravated assault, domestic violence with bodily injury, sexual assault, murder, kidnapping, burglary, grand theft, tax evasion, perjury, copyright infringement, parole or probation violations, DUI, etc. |
| Classification | Class A felony, Class B felony, etc. |
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Property crimes
Theft crimes can be charged as either misdemeanors or felonies, depending on various factors. In New York, petit larceny (a misdemeanor) applies when the value of the stolen property is $1,000 or less, while grand larceny (a felony) applies when the value exceeds $1,000. However, certain types of property, such as firearms or credit/debit cards, can elevate a theft charge to a felony, even if the value is relatively low. Additionally, theft involving burglary (entering a building unlawfully to commit a crime) is generally charged as a felony.
The penalties for property crimes can vary depending on the severity of the crime and the jurisdiction in which it is committed. For example, in Pennsylvania, a simple felony can result in fines of up to $2,000 and a jail sentence of up to 12 years. On the other hand, felony convictions often come with higher fines, restitution, and long-term consequences such as difficulty finding employment and losing the right to vote.
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DUI offences
A felony is a crime that is considered more serious than a misdemeanour, which is a less severe crime often given to first-time offenders. In the US, each state has its own definition of a felony and misdemeanour, as well as its own DUI laws. In general, a felony is punishable by death or imprisonment of over one year, and a misdemeanour carries a jail term of less than one year.
In the US, DUI laws vary from state to state. In all states, a DUI is an alcohol-related driving offence. A DUI is typically classified as a misdemeanour, but it can be considered a felony in certain circumstances. For example, in Arizona, a third DUI offence within seven years is categorised as a class 4 felony.
In most states, repeated DUI offences are charged as felonies. Some states may also charge a DUI as a felony if a minor child is in the car, or if the driver's blood alcohol content (BAC) is higher than the specified limit. If a DUI results in property damage, injury, or death, it may also be considered a felony.
The consequences of a felony DUI conviction can include jail time, driver's license suspension, and treatment or education requirements. Those convicted of a felony DUI may also be required to use an ignition interlock device or a continuous monitoring device, and undergo an alcohol evaluation.
It is important to note that the laws and penalties regarding DUI offences vary across different states and jurisdictions. Consulting a lawyer or legal professional is advisable to understand the specific laws and penalties in your state.
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Drug-related crimes
Drug possession, for example, may be charged as a misdemeanor or a felony, depending on the type and amount of drug involved. Some drugs, such as heroin and LSD, are often considered felonies to possess in even small amounts. The quantity of drugs can also result in felony charges, as larger quantities may indicate an intent to sell or distribute, which is typically considered a felony. Possession with intent to sell or distribute is taken out of the simple possession category and is generally considered a felony. In many states, prosecutors may charge a defendant with a felony if the violation involved "aggravating circumstances" or "aggravating factors," such as repeat offences, selling drugs to or around children, or possessing illegal drugs on school grounds.
The manufacturing of drugs, such as crafting or producing illegal substances like methamphetamine or ecstasy, is another drug-related felony. This includes the illegal possession, sale, or distribution of prescription medications without a valid prescription. Possession of drug paraphernalia, such as pipes or syringes, can also result in felony charges, even without the actual possession of illegal substances.
Conspiracy to commit drug crimes, such as involvement in organized crime or drug trafficking, can also elevate charges to felonies. This is because the connection to organized criminal enterprises raises concerns about the scale and sophistication of the illegal activities, warranting more severe legal consequences. Prior criminal history is another significant factor that can impact the severity of drug-related charges, with individuals facing enhanced penalties for subsequent drug crimes.
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Violent crimes
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanour is regarded as less serious. The term "felony" originated from English common law to describe an offence that resulted in the confiscation of a convicted person's land and goods, to which additional punishments, including capital punishment, could be added.
In the United States, it is up to individual states to classify and define most crimes and their punishments. Many states classify felonies and misdemeanours in classes or by some other means. Punishment is then determined based on which class the crime committed falls under. Because states have the ability to classify and define crimes, classification can vary drastically between states. A crime that might be considered a misdemeanour in one state could be a felony in another.
Felonies tend to involve physical violence or some type of action that can cause extreme psychological harm. Examples of felony crimes include aggravated assault, domestic violence with bodily injury, sexual assault, kidnapping, and murder. Some crimes can be prosecuted as either misdemeanours or felonies, depending on the circumstances and aggravating factors, such as whether a weapon was used.
Violent felonies can include:
- Murder
- Kidnapping
- Arson
- Manslaughter
- Aggravated manslaughter
- Rape
- Sexual abuse
- Assault
- Strangulation
- Criminal possession of a weapon
- Criminal sale of a firearm
- Manufacture, sale, or transport of an undetectable firearm, rifle, or shotgun
While the threshold for what constitutes a felony varies by state, violent felonies are generally considered the most serious category of crime and carry harsh penalties, including lengthy prison sentences.
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White-collar crimes
The threshold for what constitutes a felony varies across different US states. In general, felonies are considered more serious crimes, often involving physical violence or the threat of force, and are punished with prison sentences of over a year in state or federal prison. Misdemeanors, on the other hand, are less serious crimes that carry a potential jail term of less than a year, typically served in a county jail.
Now, when it comes to white-collar crimes, these are typically non-violent offences committed by individuals in positions of power or influence within the corporate or financial sector. They are financially motivated and often involve deceit, fraud, or embezzlement, resulting in significant financial losses for victims. White-collar crimes are usually tried differently from traditional crimes, with punishments ranging from probation and fines to lengthy prison sentences.
Some examples of white-collar crimes include wage theft, bribery, Ponzi schemes, insider trading, money laundering, identity theft, and forgery. These crimes can have severe economic consequences, with the FBI estimating that white-collar crime costs the United States between $300 and $660 billion annually.
While misdemeanors and felonies have distinct definitions, the line between them can blur in certain cases. For instance, some crimes can be prosecuted as either misdemeanors or felonies, depending on the prosecutor's discretion and aggravating factors such as the use of a weapon. Additionally, punishments for both categories may overlap and vary based on jurisdiction and case-specific circumstances.
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Frequently asked questions
A felony is a serious crime that is typically punishable by more than a year in prison.
Misdemeanors are less serious crimes that carry a jail term of less than a year.
Felonies include aggravated assault, kidnapping, murder, grand theft, and DUI cases involving bodily injury or death.
The value varies depending on the state and the specific crime committed. For example, the felony threshold for property crimes is commonly $1,000, while Class 4 felonies involve crimes of under $300.
