Does a Felony?
A felony is a serious crime that is punishable by more than one year in prison. In the United States, felonies are considered more severe than misdemeanors, which are punishable by less than one year in prison. But what exactly is a felony, and what are the consequences of being convicted of one?
What is a Felony?
A felony is a criminal offense that is punishable by a term of imprisonment in excess of one year. Felonies are typically considered the most serious type of crime, and are often classified as either violent or non-violent. Violent felonies include crimes such as murder, rape, and robbery, while non-violent felonies include crimes such as drug trafficking, fraud, and burglary.
Types of Felonies
There are many different types of felonies, and the specific classification and punishment can vary depending on the state and the circumstances of the crime. Here are some examples of different types of felonies:
- Capital Felonies: These are the most serious type of felony, and are punishable by death or life imprisonment. Examples of capital felonies include murder, treason, and espionage.
- First-Degree Felonies: These are serious felonies that are punishable by a term of imprisonment of more than 10 years. Examples of first-degree felonies include murder, rape, and robbery.
- Second-Degree Felonies: These are less serious felonies that are punishable by a term of imprisonment of more than 5 years. Examples of second-degree felonies include burglary, theft, and drug trafficking.
- Third-Degree Felonies: These are the least serious type of felony, and are punishable by a term of imprisonment of less than 5 years. Examples of third-degree felonies include possession of stolen property, and criminal mischief.
Consequences of a Felony Conviction
A felony conviction can have serious consequences, including:
- Imprisonment: The most obvious consequence of a felony conviction is imprisonment. Depending on the severity of the crime and the state in which it was committed, a person convicted of a felony could face a term of imprisonment ranging from a few years to life.
- Fines: In addition to imprisonment, a person convicted of a felony may also be required to pay a fine. The amount of the fine will depend on the state and the circumstances of the crime.
- Criminal Record: A felony conviction will result in a criminal record, which can make it difficult to find employment, housing, and other opportunities.
- Loss of Civil Rights: In some states, a felony conviction can result in the loss of certain civil rights, such as the right to vote or the right to own a firearm.
- Difficulty Finding Employment: Many employers require a background check as part of the hiring process, and a felony conviction can make it difficult to find employment.
- Difficulty Finding Housing: A felony conviction can also make it difficult to find housing, as many landlords require a background check as part of the rental application process.
Can a Felony Conviction be Expunged?
In some cases, a felony conviction can be expunged, or removed from a person’s criminal record. This is typically only possible if the person was convicted of a non-violent felony and has completed their sentence and probation. The process of expunging a felony conviction varies by state, and some states may have more stringent requirements than others.
Table: Felony Expungement Laws by State
| State | Eligibility | Process |
|---|---|---|
| California | 5 years after completion of sentence | Petition to the court |
| Florida | 10 years after completion of sentence | Petition to the court |
| New York | 10 years after completion of sentence | Petition to the court |
| Texas | 5 years after completion of sentence | Petition to the court |
Conclusion
A felony conviction can have serious consequences, including imprisonment, fines, and the loss of certain civil rights. However, in some cases, a felony conviction can be expunged, or removed from a person’s criminal record. It is important to understand the laws and consequences of a felony conviction, and to seek legal advice if you have been charged with a felony.
