Felony: Wikis



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Crimes commonly considered to be 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.



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. In the United States felons often face additional consequences, such as the loss of voting rights in many states; exclusion from certain lines of work and difficulty in finding a job in others; prohibition from obtaining certain licences; exclusion from purchase and possession of firearms, ammunition and body armor; and ineligibility to run for, or be elected to, public office. In addition, some states consider a felony conviction to be grounds for an uncontested divorce. All of these losses of privileges, including others noted explicitly by the judge in sentencing, are known as collateral consequences of criminal charges. Finally, if a felon is not a U.S. citizen, that person may be subject to deportation after sentencing is complete.



For state law convictions, expungement is determined by the law of the state. 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 there is pending legislation 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.[2]

See also


  1. ^ 18 U.S.C. § 3559

1911 encyclopedia

Up to date as of January 14, 2010

From LoveToKnow 1911

FELONY (0. Fr. felonie, from felon, a word meaning " wicked," common to Romanic languages, cf. Italian fello, fellone, the ultimate origin of which is obscure, but is possibly connected either with Lat. fel, gall, or fallere, to deceive. The English " fell " cruel or fierce, is also connected; and the Greek 41)0vs, an impostor, has also been suggested). Legal writers have sought to throw light on the nature of felony by examining the supposed etymology of the word. Coke says it is crimen animo felleo - petratum [a crime committed with malicious or evil intent (fee John)]. Spelman connects it with the word fee, signifying fief or feud; and felony in this way would be equivalent to pretium feudi, an act for which a man lost or gave up his fee (see Stephen's Commentaries, vol. iv. p. 7). And acts involving forfeiture were styled felonies in feudal law, although they had nothing of a criminal character about them. A breach of duty on the part of the vassal, neglect of service, delay in seeking investiture, and the like were felonies: so were injuries by the lord against the vassal. Modern writers are now disposed to accept Coke's definition. In English law, crimes are usually classified as treason, felony, misdemeanour and summary offence. Some writers - and with some justice - treat treason merely as a grave form of felony and it is so dealt with in the Juries Detention Act 1897. But owing to legislation in and since the time of William and Mary, the procedure for the trial of most forms of treason differs from that of felony. The expression summary offence is ambiguous. Many offences which are at common law or by statute felonies, or misdemeanours indictable at common law or by statute, may under certain conditions be tried by a court of summary jurisdiction, and many merely statutory offences which would ordinarily be punishable summarily may at the election of the accused be tried by a jury on indictment (Summary Jurisdiction Act 1879, s. 17).




6. That peers charged with felony are tried in a special manner. (See Peerage.) 7. That the costs of prosecuting all felonies (except treason felony) are paid out of public funds: and that a felon may be condemned to pay the costs of his prosecution and to compensate up to ioo for any loss of property suffered by any person through or by means of the felony. In the Criminal Code Bills of 1878-1880 it was proposed to abolish the term felony altogether: and in the Queensland Criminal Code 1899 the term crime " is substituted, and within its connotation are included not only treason and piracy but also perjury.


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