Defining Felony Charges and How Criminal Lawyers Can Help

What is a felony?

The most serious types of crimes are referred to as felonies. The usual definition is that a felony is any crime that may be punished by more than a year s imprisonment, or death. A crime that has a maximum sentence of a monetary fine, or a short period of confinement in the local jail is not a felony. A statute may not specifically label an offense as a felony, but the punishment defines the offense as a felony. State criminal codes may call a crime an aggravated or gross misdemeanor, but the offense calls for a sentence of more than one year in the state penal system. Your state lawyer, such as an Austin criminal defense lawyer in Texas can help define these specific codes. Those offenses will be treated as felonies. When crimes charged are more serious, the need for an experienced criminal defense attorney to help a defendant through the process becomes even greater.

Felonies include both violent and non violent crimes, such as grand theft, embezzlement of large sums of money, first degree assault, or assault that causes severe bodily harm, all degrees of murder, rape, racketeering, large scale fraud, kidnapping, and serious drug crimes.

What are the consequences of a felony convictions?

If a person is convicted of a felony, he or she may find that his or her rights may be restricted more than those of a person convicted of a misdemeanor. Convicted felons usually serve more time incarcerated, and the conditions of their incarceration generally are more severe. There are many other consequences, as well. In many states, people convicted of felonies may not serve on juries. They may lose their right to vote, or to engage in some professions, like teaching or law. Felons are often prohibited from serving in the military, or owning firearms. In addition, as noted above, many states have so called three strikes laws that require that a person be sentenced to life upon his or her third felony conviction. Experienced defense counsel, will help you not only before and during a trial, but can make sure you may be able to return to a normal life as soon as you can.

What are the differences between misdemeanors and felonies?

Depending upon the circumstances of the case, some crimes may be considered either felonies or misdemeanors. Serious felonies, for example, assault, sexual abuse or drunk driving, often refer to conduct that could be a misdemeanor. If an assault causes severe bodily injury, for example, it is often regarded as a felony, but a local state lawyer, such as a Jacksonville DUI defense attorney, may be able to have the charges reduced to a misdemeanor. Simple assault that causes no lasting injury, however, is a misdemeanor. Similarly, while drug offenses usually are felonies, possession of a small amount of marijuana is a misdemeanor in many states.

Less serious offenses, such as traffic violations, are often prosecuted as misdemeanors, even though they may be felonies in some circumstances, or the most minor type of crime, infractions, in others. A traffic violation usually is an infraction if there was no collision, no one was hurt, and no property was damaged. The violation becomes a misdemeanor or a felony if someone is injured, or there was destruction of property. Sphere: Related Content