What are felony counts?

What are Felony Counts?

Felony Crime Defined

In the United States criminal justice system, a crime is considered a felony when it is punishable by death or a sentence of more than one year in a state or federal prison. Felonies are considered more serious and more severe than misdemeanors, which are crimes that carry a sentence of no more than one year and often involve fines and restitution rather than imprisonment.

There are different types of criminal charges, including misemeanor, Felony, and White-Collar Crimes.

• Misdemeanors are the least severe charges, and are usually dealt with in a lower criminal court.
• Felony charges are more serious, and are usually tried in a higher criminal court and can carry a longer and more severe sentence.
• White-Collar Crimes involve financial fraud, embezzlement, and other economically motivated crimes.

Felony Counts versus Misdemeanor Charges

One of the key differences between felony counts and misdemeanor charges is the potential sentence duration. Misdemeanor charges typically carry a maximum sentence of one year or less, while felonies can carry a range of sentences, including multiple years in prison, mandatory minimum sentences, and potential for life imprisonment or the death penalty. Additionally, felonies typically involve more serious offenses than misdemeanors, such as violent crimes, drug distribution, and property crimes such as burglary or grand larceny.

Typical Examples of Felonies

• murder or manslaughter: typically carry a sentence of multiple years or life imprisonment and potentially the death penalty
• aggravated assault: typically carries a sentence of multiple years imprisonment
• robbery: typically carries a sentence of multiple years imprisonment, and in some cases could carry a life sentence if committed with a weapon.
• burglary: typically carries a sentence of multiple years imprisonment for second and subsequent offenses

Felony Counts: How Many Charged Counts Can I Get?

Each state has its own guidelines and rules for determining whether multiple felony counts can be brought against an individual. Additionally, federal courts have established certain rules and guidelines related to felony counts.

Typically, a felony charges are multi-count in nature, meaning that different aspects of the same action or crime can result in multiple felony charges. Multiple felony counts can arise because the actions or behavior considered to be criminal are _separate and distinct _or connected and concurrent. Here are some different ways multiple felony counts might arise:

• Multiple counts of the same crime: multiple alleged acts of the same behavior or offense, such as multiple counts of possession and distribution of illegal drugs

Examples of Multi-count Felony Charges

Table 1: Multi-Count Felony Charges (State and Federal Examples)

Felony Counts: How are Prosecutors and Judges Determining Sentencing?

Prosecutors and Judges have the discretion to prosecute and sentence individuals accused of committing a crime. As a result, the maximum sentence an individual may be sentenced to can vary in severity.

Felony Sentencing Guidelines

Felony Counts: What Happens Next?

After being charged with felonies, the individual suspected of committing the crime:

1. Initial Detention: The suspect must remain in custody pending proceedings or is released on pretrial bond.
2. Arraignment : The suspect appears before a judge to be arraigned on the charges; may plead guilty or no contest.
3. Preliminary Hearing/Grand Jury: The prosecution presents evidence to support criminal charges, and the judges and juries consider whether probable cause exists that the defendant committed the acts.
4. Pretrial Motions/Trial: The parties move to suppress evidence, modify bond conditions, and in some cases, agree on a plea bargain.
5. Trial: The presentation of evidence and witness testimonies before a judge (bench trial) or in front of a jury).
6. Verdict : The judge/jury returns a verdict or acquittal.
7. Sentencing: Punishment is determined and is served.
8. Appeals: If defendant appeals the conviction or sentenced.

Conclusion
Charges of felony counts impose severe penalties and are regarded as the most serious charge a person can face, as it can lead to lengthy prison sentences and social stigma. Understanding the multi-count nature of felony crimes, as well as prosecutor and judge discretion, an individual charged with felonies can prepare for the serious legal implications and take adequate steps to protect their best interests.

Sources Used:

• Office of the Federal Public Defender – Felony Defenses
• New York State Unified Court System – Felony Justice System
• Department of Justice – Crime in the United States

Note: This text aims to provide a high-level overview of felony charges, the legal system process, and the possible criminal charges that can arise based on state and federal definitions. Please consult legal profession or qualified legal advice from licensed attorney for more concrete legal advice.