Felonies
- What is the punishment for a felony?
- How does the "three strikes" law work?
- Can a felon vote?
Felonies are typically the most serious crimes in any system of
criminal law. A standard definition of a felony is any crime
punishable by more than one year in prison or by death. This means
that any crime that has a sentence of only a fine or confinement in
the local jail is not a felony. Often the offense itself is not
labeled as a felony, but the punishment tells the public that the
offense is a felony. On the other hand, state codes may label a crime
a "gross" or "aggravated" misdemeanor but provide
for a sentence of more than one year in the state penitentiary system,
thereby ensuring that the so-called misdemeanor is treated as felony
in many respects.
If a crime is a felony, additional criminal procedures apply. The
right to a court-appointed attorney in cases where the defendant is
too poor to afford to hire a lawyer is usually triggered if the charge
is a felony, but not for less-serious crimes. Likewise, whether or not
a criminal defendant must be present in court for various parts of the
process may depend on whether he or she is charged with a felony.
In
some jurisdictions, felonies can only be charged upon a grand jury
indictment, while lesser crimes can be charged by a written
information. Criminal defendants and witnesses can have their
testimony disregarded in some jurisdictions by showing a prior
conviction for a felony but not for a lesser crime. Finally, many
jurisdictions base their "three strikes" laws on felonies
but not misdemeanors. If the offender has been twice convicted of a
felony, one more felony conviction will subject him to life in prison.
In addition to differences in procedural criminal law, the
substantive law can be affected if a crime is designated a felony.
Some statutes make an accidental death a murder if it occurs in the
commission of a felony, but if it occurs in the commission of a lesser
crime, it is only manslaughter. Burglary is defined at common law as
breaking and entering a house for the purpose of committing a felony;
if the purpose was not to commit a felony the crime cannot be charged
as burglary.
The crime of conspiracy may carry a harsher penalty if
the offense is conspiracy to commit a felony rather than conspiracy to
commit a misdemeanor. Justifiable homicide is sometimes described as a
killing to prevent the commission of a felony, although more commonly
it is limited to prevention of certain of the most serious felonies.
A person convicted of a felony may have more restrictions on their
rights than a person convicted of a lesser crime. In many
jurisdictions, felons cannot serve on juries. Often times they lose
their right to vote or to practice certain professions, such as lawyer
or teacher. Felons may be prohibited from owning guns or serving in
the military. Some states have a "three strikes, you're out"
statute which provides that a person who already has been convicted of
two felonies may be sentenced to life in prison if he or she is
convicted of a third felony.
Some felonies are assault in the first degree or assault that
causes serious bodily injury, all degrees of murder, rape or sexual
abuse in the first degree, grand theft, kidnapping, embezzlement of
large amounts of money, serious drug crimes, and racketeering.
Misdemeanors
Misdemeanors are less-serious crimes. They are generally punishable
by a fine or incarceration in the county jail for less than one year.
The prosecutor does not usually convene a grand jury to investigate
and charge misdemeanor offenses, although such charges can be
generated along with felonies. Most misdemeanors are charged by
written indictment and in many jurisdictions, poor defendants are not
entitled to a court-appointed lawyer. Often, misdemeanors are handled
by special courts with abbreviated procedures. For instance, the
defendant may have to request and pay a fee in order to get a jury
trial. Misdemeanor traffic offenses may have pre-set penalties in the
form of scheduled fines.
The consequences for misdemeanor convictions are generally less
severe than for felony convictions. A person with a misdemeanor crime
on his record may still be able to serve on a jury, practice the
professions, and vote. Serious felonies like assault and sexual abuse
may have misdemeanor charges as part of the statutory scheme. For
instance assault causing severe bodily injury is a felony, but simple
assault which leaves no lasting injury is a misdemeanor. Likewise,
rape is a felony, but lascivious acts is a misdemeanor.
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