In 2020, there were about 538,000 violent-crime incidents in the country, with about 398 happening per 100,000 people. Violent crimes like manslaughter, rape, and aggravated assault fall under the category of felony crimes.
Although most violent crimes are felonies, not all felonies are violent crimes. However, all felonies are severe offenses with very harsh penalties that usually include mandatory jail time.
What is a Felony?
A felony is a serious crime punishable by a huge fine or a sentence of more than one year of jail time. In extreme cases, a felony crime could warrant life imprisonment or a death sentence. Felony sentences are usually served in a federal or state prison rather than county jail. A person convicted of a felony is called a felon.
Felonies are called serious crimes because they are either backed up by wicked intent, like intent to kill or seriously harm a person, or accompanied by a severe consequence, such as loss of life, destruction of property, or bodily harm. Felonies differ from misdemeanors in three significant ways:
● Sentencing and Punishments
Felons face harsher sentences than misdemeanor offenders. In most states, jail time for misdemeanor crimes is usually less than a year, while felony incarceration has longer sentences. When fines are involved, the amount paid by convicted felons is always a lot higher than that paid by misdemeanor offenders.
● Incarceration location
Most felons do their time in a state or federal prison, while people convicted of misdemeanor charges are incarcerated in a county or local jail. Jail is usually for inmates awaiting trials or serving short sentences, and they are run by county governments and are under the county sheriff’s jurisdiction. On the other hand, prison is run by the state government or the Federal Bureau of Prisons. There are different types of prisons, but all of them are restricted for people convicted of serious crimes and with jail terms more extended than a year. Some types of prisons include:
❖ Juvenile detention centers: These are operated by the state and are for offenders under 18. The goal of these centers is to rehabilitate and educate young offenders to rejoin society as better persons.
❖ State prisons: State-owned prisons are unique to the states operating them. Each state has its peculiar laws governing its prison system, and these always differ from state to state.
❖ Federal Prisons: Federal prisons are run by the Federal Bureau of Prisons (FBOP). They are restricted to people convicted of federal crimes like drug trafficking, tax fraud, and so on. Federal prisons usually prohibit parole, and inmates generally serve a higher amount of jail time.
Federal prisons are divided into five different levels, and inmates are assigned depending on past criminal records, mental and psychological health, and so on.
❖ Private correctional institutions: Private prisons are built for profit by private firms to hold state or federal convicts. When the government is experiencing a shortage in prison capacity, they can contract a private firm to operate a prison on their behalf. Private correctional centers are typically paid a certain amount per inmate.
❖ Psychiatric prisons: These are for mentally-unfit offenders. They receive psychiatric help and therapy while serving their time.
● Post-conviction consequences
Felons face the consequences of their crime even after they’re released from prison. People with a felony conviction usually lose their right to vote or serve in a jury. Felons are also ineligible to obtain some professional certifications, like medical licenses, in some states. Misdemeanor charges do not have these repercussions.
Some offenses might be considered as either misdemeanors or felonies, depending on the circumstances surrounding them. For example, in Oklahoma, driving under the influence for the first time is usually considered a misdemeanor, but a second DUI within ten years is treated as a felony.
Classes of Felonies
Not all felony offenses carry the same weight. Felonies can be broadly characterized into the following:
Violent felony crimes
These vary from state to state, but they are typically crimes that contain some threat or element of force to a person. This is why they can also be called “crimes against the person.” These crimes are classified as mala in se crimes or inherently wrong crimes. They go against the moral, public, or natural principles of a society.
Violent crimes include voluntary manslaughter, battery, rape, murder, and robbery. People convicted of these crimes usually get steeper punishments.
Non-violent felony crimes
These crimes do not involve the use or threat of force on another person, so there is usually no physical injury. The seriousness of a non-violent felony is typically measured by the amount of economic loss the victim experiences.
Examples of non-violent felonies include racketeering, cybercrime, white-collar crime, arson, larceny, and burglary.
However, states usually classify felonies based on their degree of seriousness. The number of classes and their corresponding crimes and sentencing varies from state to state and is generally determined by the state legislature.
● In Colorado and Arizona, felonies are classified from Class 1 to 6, with class 1 offenses being the most serious and punishable by life imprisonment or death.
● In Kentucky and Iowa, felonies range from Class A to D, with Class A being the most serious and carrying the harshest consequences.
● Kansas adopts a complex sentencing grid system for all crimes.
● California and Vermont have no set classification for felonies. Crimes are judged based on the circumstances surrounding them.
● In states like Texas and Utah, felonies are either capital or measured in degrees from first to third, first-degree felonies being the most serious of the three. Capital felonies are punishable by death, life imprisonment without parole, or 25 years and above incarceration time. Murder is an example of capital punishment.
Texas also recognizes state jail felonies punishable by 180 days to 2 years in state jail, along with a fine of up to $10,000.
What Are the Types of Felonies?
There is an exhaustive list of felony types. However, the types of felony offenses can be broadly divided into five.
1) Violent crimes: Examples are
● Manslaughter: According to the Department of Justice, this is the unlawful killing of a human being without malice. This means that the offender did not intend to seriously harm or kill. Manslaughter is usually classified as either voluntary or involuntary manslaughter.
Voluntary manslaughter is intentional killing without a previous intent to kill. A solid example is when someone finds their spouse cheating on them. If a fight ensues immediately and the person kills their spouse or the other person, the charge can be voluntary manslaughter because it is a crime of passion. Involuntary manslaughter, on the other hand, is never deliberate. For example, if someone fires a gun without aiming at anyone but the bullet ricochets and kills someone.
● Murder: Under common law, this is the unlawful killing of a human being with malice. This doesn’t mean the killing was from spite or hate; it just means unjustified. A killing is classified as murder if there is either an intent to kill or, at least, conduct that shows a reckless disregard for life that eventually results in someone’s death.
Murder is divided into first and second degrees. First-degree murder is the intentional, premeditated killing of a person with malice. Murders committed by poisoning or torture are solid examples of first-degree murders. Second-degree murder is the intentional killing of a person with malice but without premeditation. An example is someone playing Russian roulette that results in death.
2) Property crimes such as grand theft, larceny, arson, and vandalism.
● Arson: This is the intentional burning or charring of someone else’s property. It could be a house, car, and so on. It also includes the burning of one’s property to collect insurance illegally. Aggravated arson is a form of arson in which the offender anticipates that someone would be inside or near the property being burned.
Most states divide arson crimes into degrees, with first-degree arson carrying the harshest punishments. States like Tennesee classify arson simply into arson and aggravated arson.
● Vandalism: Is the intentional and malicious destruction, defacing, or damage of another person’s property. In some states, vandalism is also known as “criminal mischief,” “malicious mischief,” or “malicious trespass.” Vandalism is a crime because it diminishes the value of another person’s property.
Examples of vandalism include spraying graffiti on walls or signs, breaking windows, spraying paint on someone else’s property, tire slashing, cutting down trees without permission, and so on. Penalties for vandalism largely depend on the amount of damage done to the property, the value of the property affected, or the cost of repairing it.
3) Sex crimes like rape, sexual assault, and sex trafficking.
● Rape: It is a form of sexual assault, although not all acts of sexual assault are considered rape cases. According to the Department of Justice, rape is the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the victim’s consent.
The most critical component of sex crimes is the lack of consent. A sexual act was only a crime when it was not consented to by both parties. Minors under fifteen, mentally ill, and incapacitated people (i.e., drunk, unconscious, or drugged) are considered incapable of giving consent. Rape laws vary by state and jurisdiction. However, it is always considered to be a severe offense.
● Sex trafficking: This is a type of human trafficking. It involves using coercion, force, or fraud to make an adult engage in a sexual act for commercial purposes. Using a minor for any commercial sexual activity with or without force or coercion is also considered sex trafficking.
Most sex trafficking victims are women and girls forced into prostitution, pornography, and so on. Laws enacted to protect victims include the Trafficking Victims Protection Act of 2000, Justice for Victims of Trafficking Act (JVTA) of 2015, and Preventing Sex Trafficking and Strengthening Families Act of 2014. Penalties for sex trafficking can include prison sentences of 1 to 15 years and fines of up to $1,500,000.
4) Drug-related offenses include the possession, use, sale, or trafficking of drugs. Considering that certain narcotics and other intoxicating substances can cause harmful effects to an individual and could lead to situations that are harmful to society in general. The government usually regulates these substances through various means, like a prescription system, and their recreational use is largely prohibited.
Each state has its drug laws, but the Controlled Substances Act allows federal agents to enforce laws in any jurisdiction. The act also categorizes drugs into schedules based on factors like potential for abuse, public health risks, etc. States also have varying penalties for drug-related offenses.
The possession, trafficking, and manufacture of drugs are not treated on equal terms as specific legal conditions determine how each one is handled in court. They also do not have the same penalties. Drug trafficking and manufacture are usually considered felonies, while the circumstances surrounding drug possession can make it either a felony or a misdemeanor.
5) White-collar crimes such as embezzlement, securities fraud, and tax evasion.
● Tax evasion: This is using illegal means to avoid paying taxes by individuals, corporations, and others. It is not the same thing as tax avoidance, which is the legal use of tax laws to reduce one’s tax burden.
Some felonies overlap into different categories. For example, rape is considered both a sex-related offense and a violent crime.
How Do Felonies Work?
Every felony case follows a step by step process as follows:
1. Charges are initiated
This is when a law enforcement officer, working with an attorney, files a complaint against the defendant (i.e., the person suspected of committing a felony). The complaint is a document under oath that establishes probable cause, links the suspect to a felony crime, and includes the alleged offense details.
The officer can file the complaint before the arrest, in which case it is presented before a magistrate. If the magistrate accepts the complaint, an arrest warrant or summons will be issued for the defendant. In other cases, the complaint is filed after an arrest. Here, the defendant is presented before the magistrate at the same time the complaint is filed.
The suspect is usually allowed bail, although it can be denied if the person faces a parole violation, a probation violation, has an immigration hold, or is facing grave charges (i.e., murder)
2. The initial hearing
It is also known as the arrangement. This is the suspect’s first hearing after arrest. It usually takes place on the day of the arrest or the next day, but usually more than 48 hours later. It might take longer if the suspect was arrested on a Friday or during a holiday.
In this hearing, the defendant is informed of the charges filed against them, the evidence and police reports are shown before the court, and the accused is allowed to plead guilty, not guilty, or no contest. After this, bail is set, and a date is fixed for the preliminary hearing.
3. Preliminary hearing
The preliminary hearing is carried out to determine if the evidence and information on the case are enough to justify probable cause. This is done to show that there is a real possibility that the accused committed a felony. The judge listens to the testimony of witnesses and assesses the evidence provided. However, no jury is present during a preliminary hearing.
4. Grand jury hearings
In some felony cases, a grand jury also examines the evidence and witnesses connected to a felony crime. A grand jury usually consists of twenty-three randomly selected people from the same judicial district where the case is being handled.
After hearing the evidence presented against the accused, the jury will decide whether a case should be prosecuted or not. If the case is prosecuted, it is called an indictment. If it is not, then the jury passes a no-true bill.
5. Second arraignment
At this point, the judge calls the defendant and reads out the charges against him in the indictment. The defendant is given a chance to plead guilty, not guilty, or no contest. If the plea is guilty, a date for the sentencing hearing is set. If the plea is not guilty, a date for the trial is set.
6. Pre-trial hearings
When necessary, hearings on motion and status conferences are set before the trial day. In a motions hearing, motions (legal questions raised by the prosecutor or defense during the case) are addressed by the judge. The motions might be on suppressed evidence, discoveries, and so on. In the stats conference or further proceedings hearing, both parties will inform the judge if the case is proceeding to a trial or if they have come to an agreement. In the case of an agreement, the next step would be a sentencing hearing.
7. Trial
This is an official hearing where a judge (bench trial) or a jury (jury trial) hears the facts surrounding the case. Here, the prosecutor tries to prove beyond doubt that the defendant is guilty using both evidence available and the testimonies of the witnesses. The judge might sentence the accused immediately or set a different date for the sentencing hearing.
8. Sentencing
At this point, the judge gives his final ruling on the felony case. The judge can place the defendant on probation for some years, sentence them to some time in prison, ask them to pay a fine, or formulate a sentence that is a combination of all three. The judge can also ask the defendant to make restitution to the victim that might have suffered physical or financial losses because of the crime.
Judges have the right to reduce or increase the punishment presented by the prosecuting side of the case.
Where to Find Felony Records?
Felony records are a part of a person’s criminal record, and under the Freedom Of Information Act, they are generally accessible to the public. Unless a case is sealed or expunged, anyone can access it either online or in person. The requirements for sealing records of a felony case vary from state to state, but people usually cannot seal serious felony crimes.
Criminal records contain information on the criminal (name, alias, height, date of birth, and so on), the crimes they were convicted of, and in some cases, their arrest records.
Here is the procedure for searching for felony records.
- In-person: You can head to the office of the record custodian or send a mail to request a copy of a criminal record. The record custodian could be the FBI, state bureau of investigation, state police, or the court clerk.
- Online: Alternatively, you can access criminal records on the site owned by the record custodian. You could also search for criminal records on independent, third-party apps.