The land of the free is suffering from a mass incarceration problem. There are more than 240 million convicted felons in the United States of America. The University of Georgia ran a study in 2010 that showed total felony convictions accounted for 8 percent of the overall population and 33 percent of the African American male population. If we do not do something soon, a large portion of the United States will have a criminal record, hurting the potential of future job growth and home ownership.
What is a felony?
A felony represents the most severe type of crime in the United States. The federal government defines a felony as a crime with a punishment of more than one year. Different states define the same term in different ways, or sometimes not at all. Most states refer to a felony in terms of the amount of time an individual will serve in prison if convicted.
It is easier to understand a felony charge when you compare the conviction to a misdemeanor. These types of crimes are far less severe and generally carry a sentence of less than a year. Felonies tend to break down into categories to represent how serious the offense. They typically rank from Class A to Class E, with Class A reserved for the most severe crimes like murder, assault, or grand larceny.
Why is a Felony Conviction Important?
Like most laws in the United States, the term felony originates with English common law. The felony was a tool to remove someone’s land and property as repayment for the damage caused to another person or their property for a serious crime. In modern terms, the felony is essential because it carries an “implied lifelong sentence” beyond prison time or criminal fines. This is because these felony offenses tend to involve property crimes or physical harm (i.e. first degree murder compared to a minor misdemeanor offenses).
Felony crimes remove certain rights from an individual. In most states, a convicted felon loses the right to vote. Felons also lose the right to own a gun. They often experience further barriers to gun ownership, even if they find a way to expunge or remove their conviction. They will typically be disqualified from serving in public office and will find it more difficult to travel internationally.
Arguably the harshest punishment for a felony are the social repercussions. Job hunting and housing will be difficult for anyone with a prior conviction. Society does not want to trust someone with work or rental property if the government has deemed them dangerous. The worst part of applying for a job or apartment is having to check the box asking if “you are a convicted felon.” That single designation eliminates most applications from ever getting through to the interview stage where someone would be able to tell their story.
What are Examples of a Felony?
The most common types of felony sentences in the United States boil down to theft or destruction of property, violence towards another person, or alcohol/drug abuse. Most people incarcerated in the United States are there for drug-related offenses.
Consider this situation of a drug arrest. First, the arresting officer will determine how much of the illegal substance you have on your person when being arrested. If it is above a certain level for that state, they will have to charge you with a felony.
Second, they will consider the location (are you near a school or rehab center), age of participants (if you are near someone under 18), and other mitigating circumstances like if you have a lengthy arrest record or there are also property crimes. Then they will consider if you have enough illegal substances to be considered for sale.
Felony Drug Possession Example:
Walter is walking down a street in front of a school after hours. The local police know this is a known location for drug crimes. He is wearing a backpack and is observed passing small baggies to cars that stop. Police stop Walter and discover a large amount of heroin in his pack as well as rolled-up bills of money. They charge Walter with felony drug possession and intent to sell/distribute, a crime punishable with severe consequences.
Another example is felony assault. By itself, assault is usually defined as the intent to enter into a conflict and follow through with violence. The officer will use their discretion by measuring how much harm was done to the victim. It becomes aggravated when there is a weapon involved or intent to commit a serious crime like rape. Officers will also consider if the victim is “worthy of special protection” under the law.
Aggravated Assault Example:
Natalie arrives at an apartment to visit her boyfriend. While she is there, she discovers another woman hiding in the closet. Natalie gets so mad that she picks up a nearby baseball bat and beats the other woman until she is unconscious. The woman suffers severe trauma, including broken ribs. Natalie will most likely be given a felony charge of aggravated assault with a deadly weapon (much better than first degree murder at least).
Even though a felony conviction is necessary for the US legal system, judges should consider other options before granting a lifelong sentence to a citizen. Prison reform and mass incarceration implications need to be reconsidered, or the number of people living with the stigma of a conviction will only continue to rise.
If the US focused on improving educational resources for the “at-risk” population and improving re-entry programs for those with a criminal conviction, we would most likely see a drastic decrease in felony convictions.
Are there Different Types of Felonies?
A felony offense ranges in classification depending on the seriousness of the crime and damage to another human being or their property.
Felony charges are the most serious crimes. They have the highest penalties, both in terms of time spent in prison and fines that must be paid to the court. If you commit a felony, you could go to state or federal prison for life or even be put on death row.
When determining whether someone committed a felony crime, a law enforcement officer look at three factors:
- What state you live in (what laws apply)
- Whether it was done with malice or forethought
- Whether there was a weapon involved
Malice or forethought means you intended to commit the crime from its inception or took steps toward committing it while knowing exactly what they were doing—and then did so anyway.
For example, if someone decides they want to break into someone’s home without permission but changes their mind halfway through and decides not to do it anymore but still does because he wants revenge against his neighbor who kicked him off her property? That would fall under “malice aforethought” because she had already made up her mind about what she wanted before starting out on this path toward vengeance.
What is a Misdemeanor?
A misdemeanor is a criminal offense punishable by a maximum term of one year in jail and/or a fine. There are many types of misdemeanors, so not every crime you commit will be prosecuted as a misdemeanor (for example, driving under the influence). These tend to be a less serious crime punishable with indictable offenses that are less severe than felony charges that lead to a longer jail sentence or maximum punishment with a massive fine.
The possible outcomes for a misdemeanor depend on the specific type of crime committed and the defendant’s prior criminal history. A common outcome for most misdemeanors is probation or community service; however, some may require additional fines or restitution orders and a little jail time.
Examples of Felony and Misdemeanor
Let’s say you stole a $100 bill from your friend’s wallet. If you’re convicted of this crime, it will be considered a misdemeanor because the maximum penalty for this crime is one year in prison for the amount of property stolen. If you were to steal $1,000 dollars from your friend’s wallet, however, then that would be considered a felony because the punishment could range from 2 years in prison all the way up to 15 years in prison.
How Does Federal Law Classify Felonies?
While state laws vary, federal law is more serious. Federal felonies are recognized as a more severe crime than their state counterparts. Federal law is also generally more complicated and stricter than state law.
Federal felonies can have serious consequences for you, including fines and jail time. If convicted of a felony, you may lose some or all of your civil rights, such as the right to vote or serve on juries.
What is the Most Common Felony?
The most common felony is drug-related. This could be something like cultivating a pot farm in a state where it is illegal or distributing with the intent to sell near a school. Unfortunately, a significant majority of people behind bars are there because of a drug-related charges.
After drug-related abuses come violent crimes, theft, and sex crimes. All of these typically involve the attempted or successful infliction of harm, violence, or pain to a victim.
How Do You Determine the Penalties for a Felony Crime?
A felony is a crime that can be punished by imprisonment for more than one year. Some felonies are punishable by death or life imprisonment. In general, felonies are first-degree, second-degree, and third-degree crimes.
The severity of the punishment depends on the classification of the crime and its circumstances. Each state has its own laws with respect to classifying felonies; however, each state’s definition of what constitutes a felony remains very similar to others.
In general, a first-degree felony is usually defined as any crime where the sentence could be more than 20 years in prison or the death penalty (if applicable). Second-degree felonies generally carry sentences ranging between 10 and 25 years in jail, while third-degree felonies have sentences between five and 15 years in prison.
Conclusion
The penalties for a felony crime differ depending on the type of felony you are convicted of and the state in which the crime was committed. The sentencing judge will determine the severity of your sentence after considering several factors, such as whether or not you have prior convictions on your record and if there were any aggravating circumstances surrounding the commission of this offense.
Where to Learn More
If you have been convicted of a felony or other criminal act and are looking to improve your current life, pick up the book Getting Out: Success After Incarceration. This book is an excellent resource for people looking to get their lives back on track and out of the prison system. You can also sign up for our newsletter to get the most recent important news about felony law, disenfranchisement, and stories of inspiration from The Felon’s Guide.
