What Qualifies as a Felony?
In the criminal justice system, felicities or felonies refer to the most severe offenses that can be prosecuted at the state or federal level. These crimes typically result in punishment such as incarceration for a year or more in a state or federal prison.
But what actually qualifies as a felony?
The Basics: Definitions and Types
The US legal system is known for its complexity, with different states and the federal government having their own statutes and definitions regarding criminal conduct. However, a consensus exists on the definition and types of felonies:
- Federal vs. State Felonies
- Federal Felonies: Crimes that violate federal law and are prosecuted in a federal court, such as wire fraud, money laundering, or drug trafficking involving crossing state lines.
- State Felonies: Crimes that violate a state’s law and are prosecuted in a state court, such as homicide, robbery, or aggravated assault.
- White-Collar Felonies: Non-violent offenses that involve financial transactions or business dealings, like:
- Fraudulent conduct
- Tax evasion
- Illegal market manipulation
- Violent Felonies: Crimes that result in or have a substantial risk of causing physical harm to another person, like:
- Homicide (murder or manslaughter)
- Attempted murder
- Sexual assault
- Battery with a deadly weapon
What Makes an Action a Felony?
To determine if a criminal act is considered a felony, courts examine:
• Intent: Premeditation is typically necessary for a crime to qualify as a felony, unlike misdemeanors which might arise from immediately responsive behavior.
• Conduct: Felonies often involve conduct that is willfully intended to cause harm, such as larceny or assault.
• Consequences: Serious harm or harm-causing potential associated with the crime, which motivates the classification of felonies as the most serious offenses.
Crimes That Can Result in a Felony Charge
- Property Crimes
- Burglary (breaking and entering into an occupied or unoccupied premises, with intent to commit theft or another felony)
- Robbery (taking property from a person by force or intimidation)
- Embezzlement (fraudulently taking property owned or managed by another person or entity)
- Sex Crimes
- Sexual assault (forcing non-consensual sexual activity upon another person)
- Aggravated sexual abuse of a child (interfere with the will or sexual autonomy of a minor)
- Assault and Battery Crimes
- Aggravated assault (attempting or aiding in the attempted assault resulting in serious injury)
- Battery with a deadly weapon (inflict or attempt to inflict severe injury with a dangerous device or object)
- Controlled Substance Offenses
- Trafficking and distribution of controlled substances (illegally trading and selling drugs, typically considered a serious threat to society)
- Manufacture and cultivation of illegal drugs (large-scale drug production, considered more culpable than personal drug possession)
Severities of Felonies
Felonies come with varying degrees of severity, measured in:
• Levels or classes: Some jurisdictions separate crimes into distinct levels of culpability, with sentences following a tiered framework.
| Level/Class | Description | Sentence | Jail Time |
|---|---|---|---|
| Level A Felony | Most severe felony, typically involves risk to human life or high value to the community | Indictment, maximum penalties applicable | 15 years – Life |
| Level B Felony | Grave, but less severe crime compared to Level A felony, often involves less risky activity | Indictment, significant penalties applicable | 5 years – 20 years |
| Level C Felony | Typically represents a less severe form of criminal conduct, where sentencing is less punitive | Felony conviction, medium term penalties | 2-10 years |
The scope of what qualifies as a felony is diverse, from violent crimes to economic wrongdoing. Understanding the nature, intent, and potential harm associated with criminal activity informs the legal classification. Law enforcement, judges, and legal professionals carefully review facts, circumstances, and case-specific factors to determine if a crime meets the felony threshold. By defining and categorizing the nature of criminal behavior, these authorities work to prioritize rehabilitation, deterrence, and public safety in shaping sentences and penalties.
