In the US, crimes are classified either as a misdemeanor, an infraction, or a felony. This classification is usually based on the severity of the crime, and each carries a different penalty.
Crimes that aren’t severe are regarded as infractions. Infractions are followed by more serious violations that are categorized under misdemeanors. The most serious crimes are classified as felonies. The maximum penalty for felony convictions is capital punishment (the death penalty).
The sections below will cover everything you need to know about felonies.
What is a Felony?
A felony in the US legal jurisdiction is a crime that is classified as a crime that is more severe than a misdemeanor. This crime is often associated with a huge jail term of not less than one year and other substantial monetary penalties.
Furthermore, those convicted of felonies serve their terms in federal prisons and not local or county jails. While it may vary from state to state, if an individual is convicted of a felony, they lose their civil rights, such as the right to vote, the right to own a firearm, and the right to contest for public office.
Crimes Classified as Felonies
Different crimes are classified as felonies. It all comes down to the severity of the crime. Some of these crimes include:
- Sexual crimes: Serious sexual crimes such as rape, child molestation, child pornography, and human trafficking are considered felonies.
- Violent crimes: These include robbery with violence, burglary, homicide, such as first- and second-degree murder, as well as manslaughter.
- Drug crimes: Serious drug crimes considered felonies include sale, distribution, manufacturing, and possessing illegal substances.
- White collar crimes: These crimes include identity theft, fraud, embezzlement, corruption, tax evasion, and misrepresentation.
- Property crimes: Property crimes that are regarded as felonies include arson, malicious destruction, grand theft auto, and misappropriation of property.
How a Felony is Different from a Misdemeanor?
A felony and a misdemeanor differ in various ways. These differences are explained below.
1. Place of Serving Time
For a misdemeanor, the offender serves jail time in a local or county jail. On the other hand, incarceration for a felony is done in a federal or maximum-security prison.
2. Time to be Served
For a felony, the convict gets a year or more of incarceration. It is usually dependent on the severity of the felony. Individuals convicted of misdemeanor get to serve a jail term of less than a year.
3. Consequences
Felony convicts face many long-term consequences. They are mainly associated with the loss of civil rights, such as the right to own firearms, the right to hold public office, and the right to vote. Additionally, felons may lose opportunities to get certain jobs, houses, and professional licenses.
How Federal Laws Penalize Felonies
Offenders are prosecuted either under state laws or federal laws. Certain crimes, like immigration offenses, are handled under federal law, while others, like bank robbery, are handled under state laws.
Under federal law, felony crimes are usually penalized on a crime-by-crime basis. Often, one statute might list the crimes and the other lists the penalties for the crimes. For instance, the crime of possessing a gun illegally can be found under Section 922, while its penalties are under Section 924.
Different Classifications of Felonies
There are different classifications of felonies. These include Class A, B, C, D, and E felonies. The categories can vary based on the state.
- Class A felonies: Includes crimes like first-degree murder, possession of illegal substances, first-degree arson, etc.
- Class B felonies: These include first-degree assault, burglary, sexual abuse, sale of unlicensed firearms, manslaughter, and more.
- Class C felonies: These include robbery, assault, sexual abuse in the second-degree, insurance fraud, etc.
- Class D felonies: Includes abortion, child molestation, first-degree sexual abuse, intimidating witnesses, and bribery.
- Class E felonies: These include criminal anarchy, criminal contempt, and homicide negligence, among others.
