Felony

For the rappers, see Jayo Felony. For the band, see Felony (band). For the professional wrestler, see Bonnie Maxon. For the Emmure album, see Felony (album).

A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors. Many common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions such as between indictable offences and summary offences. A felony is generally considered to be a crime of "high seriousness", while a misdemeanor is not.

A person convicted in a court of law of a felony crime is known as a felon. In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor. The individual states may differ in this definition, using other categories as seriousness or context.

Similar to felonies in some civil law countries (Italy, Spain etc.) are delicts, whereas in others (France, Belgium, Switzerland etc.) crimes (more serious) and delicts (less serious).

Overview

Felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, illegal drug use/sales, grand theft, robbery, murder, rape, and vandalism on federal property. Broadly, felonies can be categorized as either violent or non-violent (property and drug) offenses.

Some offenses, though similar in nature, may be felonies or misdemeanors depending on the circumstances. For example, the illegal manufacture, distribution or possession of controlled substances may be a felony, although possession of small amounts may be only a misdemeanor. Possession of a deadly weapon may be generally legal, but carrying the same weapon into a restricted area such as a school may be viewed as a serious offense, regardless of whether there is intent to use the weapon. Additionally, driving while intoxicated in some states may be a misdemeanor if a first offense, but a felony on subsequent offenses.

"The common law divided participants in a felony into four basic categories: (1) first-degree principals, those who actually committed the crime in question; (2) second-degree principals, aiders and abettors present at the scene of the crime; (3) accessories before the fact, aiders and abettors who helped the principal before the basic criminal event took place; and (4) accessories after the fact, persons who helped the principal after the basic criminal event took place. In the course of the 20th century, however, American jurisdictions eliminated the distinction among the first three categories." Gonzales v. Duenas-Alvarez, 549 U.S. 183 (2007) (citations omitted).

In some states, felonies are also classified (class A, B, etc.) according to their seriousness and punishment. In New York State, the classes of felonies are E, D, C, B, A–II, and A–I (the most severe). Others class felonies numerically, e.g., capital, life, 1st degree, 2nd degree, 3rd degree, state jail or class 1, 2, etc. (VA). The number of classifications and the corresponding crimes vary by state and are determined by the legislature. Usually, the legislature also determines the maximum punishment allowable for each felony class; this avoids the necessity of defining specific sentences for every possible crime.

A felony may be punishable with imprisonment for one or more years or death in the case of the most serious felonies, such as murder. Indeed, at common law when the British and American legal systems divorced in 1776, felonies were crimes for which the punishment was either death or forfeiture of property. In modern times, felons can receive punishments which range in severity; from probation, to imprisonment, to execution for premeditated murder or other serious crimes.

Seriousness of a felony; punishment fits the crime

A felony is considered a crime of high seriousness. A principal of the rationale for the degree punishment meted out is that the punishment should fit the crime. One standard for measurement is the degree to which a crime affects others or society. Measurements of the degree of seriousness of a crime have been developed.

United States

The reform of harsh felony laws that had originated in Great Britain was deemed "one of the first fruits of liberty" after the United States became independent.

In many parts of the United States, a convicted felon can face long-term legal consequences persisting after the end of their imprisonment, including:

• Disenfranchisement (which the Supreme Court interpreted to be permitted by the Fourteenth Amendment)
• Exclusion from obtaining certain licences, such as a visa, or professional licenses required in order to legally operate (making many vocations off-limits to felons)
• Exclusion from purchase and possession of firearms, ammunition and body armor
• Ineligibility for serving on a jury
• Ineligibility for government assistance or welfare, including being barred from federally funded housing
• Deportation (if the criminal is not a citizen)

Additionally, most job applications and rental applications ask about felony history, (with the exception of the Commonwealth of Massachusetts) and answering dishonestly on them can be grounds for rejecting the application, or termination if the lie is discovered after hire. It is legal to discriminate against felons in hiring decisions as well as the decision to rent housing to a person, so felons face barriers to finding both jobs and housing. Failure to maintain employment and housing can be parole violations and can therefore cause a convicted felon to be returned to prison. Another common term of parole is to avoid associating with other felons. In some neighborhoods with high rates of felony conviction, this creates a situation where many felons live with a constant threat of being arrested for violating parole.

Many bonding companies will not issue bonds to convicted felons, also effectively barring them from certain jobs. Many banks will refuse service to convicted felons.

Some states also consider a felony conviction to be grounds for an uncontested divorce.

The status and designation as a "convicted felon" is considered permanent, and is not extinguished upon sentence completion even if parole, probation or early release was given. The status can only be cleared by a successful appeal or executive clemency. However, felons may be able to apply for restoration of some rights after a certain period of time has passed.

In some states, restoration of those rights may depend on repayment of various fees associated with the felon's arrest, processing, and prison stay.

Expungement

For state law convictions, expungement is determined by the law of the state. A few states do not allow expungement, regardless of the offense.

Federal law does not have any provisions for persons convicted of federal felonies in a federal United States district court to apply to have their record expunged. While the pending Second Chance Act which may change this, at present the only relief that an individual prosecuted in Federal Court may receive is a Presidential Pardon, which does not expunge the conviction, but rather grants relief from the civil disabilities that stem from it.

See also

• Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
• Compounding a felony
• Criminal law
• Civil law
• Drug Enforcement Administration (DEA)
• Employment discrimination against felons in the United States
• Federal Bureau of Investigation (FBI)
• FBI Ten Most Wanted Fugitives
• Federal crime
• Felony murder
• Handhabend and Backberend
• Immigration and Customs Enforcement (ICE)
• Infraction
• IRS
• Law of the United States
• Misdemeanor
• One strike, you're out
• Record sealing
• Racketeer Influenced and Corrupt Organizations Act (RICO)
• State court (United States)
• Supreme Court of the United States
• Three Strikes Law
• United States district court
• United States Marshals Service
• United States Postal Inspection Service
• United States Secret Service