Types of Felonies and Their Consequences

Felonies are very serious offenses which usually result in long prison sentences. The Federal government of the United States considers a felony to carry a sentence of more than one year of incarceration, and most states follow these rules. Felons are usually sent to state prisons for long term incarcerations. They may be held at local or county jails for short periods of time, especially if they are awaiting trial, but once a conviction is handed down felons are transferred to state prison.

Crimes which may be considered felonies include:

•    Murder
•    Manslaughter, even if it is an accident
•    Grand theft of a car or other vehicle or expensive property
•    Arson
•    Rape and sexual assault
•    Serious assault resulting in bodily harm, such as battery
•    Felony DUI
•    Many drug crimes including possession with intent to sell, or manufacturing drugs
•    Robbery, especially with a weapon involved
•    Kidnapping

In addition, a person may not actually have committed the crime in question but may be considered an accessory, meaning they helped the criminal in some way. This may have happened either before or after the crime was committed. Harboring a fugitive, lying to law enforcement, or helping a felon get rid of a weapon are all chargeable offenses.

Felony DUI

Driving under the influence of drugs and alcohol are serious crimes in most states. Depending upon the circumstances of the arrest, the DUI may be considered a misdemeanor or a felony, even if it is for a first time offense.

If the DUI involves serious injury to another person it may be considered a felony. If the crime involves the death of another person, it is almost always considered a felony. Serious property damage may also elevate a misdemeanor to more serious charges and penalties.

In addition, DUI crimes are included under three strikes laws in most states, meaning that if you are convicted of multiple alcohol or drug crimes within a certain period of time they add up. Punishments are more severe and maximum sentences are often applied in these cases.

Classes of Felonies

Both misdemeanor and felony crimes are generally divided by state law into various classes which provide certain maximum penalties which may be applied. These classifications vary according to the details of the crime. Most states apply a letter system to felony classes, such as A, B, C, and so on, or they may be classified by degrees such as 1st degree, 2nd degree, 3rd degree, and so on. In all states, a Class C felony has lighter penalties than a Class A felony; the same logic applies to degrees, with a 1st degree felony carrying a much heavier penalty than a 3rd degree felony.

These varying degrees or classes are defined by state law to provide guidelines for the courts in sentencing. However, it is up to the judge or the prosecutor to recommend sentences for those who are convicted of felony crimes. Even though state law may provide that a criminal serve up to 25 years in prison, for instance, the judge may take circumstances into account and sentence a person to only 10 years of prison.

Mandatory Sentences, Maximum Sentences, and Actual Sentences

State guidelines vary in what the law recommends for mandatory and maximum sentences for all types of crimes. These are based upon the classification of the felony. However, judges are only allowed certain freedoms in sentencing.

Mandatory sentences are always applied to certain crimes no matter the circumstances. This means, for instance, that someone convicted of a DUI would serve a jail sentence even if it was a first offense. There is almost no way for a person accused of a crime to plea bargain out of a mandatory sentence.

Maximum sentences are the most punishment a person could get for the given crime. However, most judges will take circumstances into account during sentencing. In addition, if a person maintains good behavior while they are in prison, their sentence may be reduced to a minimum amount of time.

Loss of Civil Rights for Convicted Felons

In addition to serving time in prison and paying hefty fines and restitution, people convicted of felony crimes may also suffer the loss of certain civil rights. The right to vote is the main civil right revoked in felony cases, though this right may be restored after a certain period of time.

Often felons will be prohibited from owning, buying, or possessing guns and ammunition. This includes weapons used only for hunting purposes.

Felons are often prohibited from certain types of employment as well. Public employment is eliminated, and depending on the crime, the person may be restricted from working with children or the elderly. A felon may never be elected to public office either.

Professional licenses may be taken away or restricted in the future as well. This would affect doctors, lawyers, accountants, bus drivers, heavy equipment operators, and so on. These licenses may be restored after a certain period of time or they may be restricted for life.

Other Penalties for Felony Crimes

Often a person will be ordered to pay restitution to the victims of the crime. These sentences vary from judge to judge and state to state. These penalties are considered criminal restitution, and they do not take the place of any civil restitution which may be ordered in separate civil cases. It is always within the rights of the victim to pursue civil suits.

Non-United States citizens who are convicted of felony crimes may be subject to deportation after their sentences are complete. Even if they are not deported, they are usually ineligible for asylum and naturalization as citizens of the United States. Immigration laws vary, but if a person is convicted of a crime in another country which would be considered a felony in the United States, it is possible they may not be allowed to enter.