The ABCs of Avoiding a Custody Battle

What Makes A Felony A Felony?

by Barry Webb

If you have been charged with a felony, you should know that this is the most serious of charges. What sets a felony apart from a misdemeanor is usually jail time, but there is more to it. To find out what makes a felony a felony, read on.

Types and Degrees of Charges

Though it can vary by state, there are two or three different types of crime categories. Some states separate traffic and other violations from misdemeanors. At that level, jail time is technically possible (usually a year or less incarceration) but is not as likely as with a felony. Some minor low-level thefts may also be classified as petty or petit theft cases and are not punished at the same level as a misdemeanor. Felonies, though, are very serious matters, and they have some unique qualities that set this category of an offense apart.

Felonies and Their Unique Qualities

  1. In many cases, a felony involves physical violence toward another person. That covers homicides, kidnapping, rape, and more. Some high-level fraud cases may also be classified as a felony.
  2. Those convicted of a felony won't spend their punishment time in a normal jail. They will be incarcerated at a state or federal correctional institution instead. Often, these prisons are at remote locations that make it difficult for loved ones and attorneys to visit.
  3. Felony convictions can have long-lasting ramifications when it comes to career issues. Felons may be barred from attaining certain certifications or holding certain offices. If the crime involves financial theft or fraud, working at any job involving money, banking, or other financial industry positions after being released is probably not possible. Felony convictions can also mean not being able to join the military, be a teacher, or become a lawyer.
  4. Some sex crimes are considered felonies, and those convicted can face a lifetime of being labeled a sex offender. That means being restricted in where you live, keeping in constant contact with authorities, and registering with each city as a sex offender.
  5. You will never be able to possess a firearm again if you are a felon.
  6. In some states, convicted felons can petition to have their right to vote in elections returned to them, but the success of that endeavor varies.

In general, the fines and incarceration potential are increased substantially for a felony conviction. It has never been more important to have a criminal defense attorney on your side as you fight against the conviction. The main issue may be to have the felony plead down to a misdemeanor so that you can avoid the worst of the punishment. To find out more, speak to a felony lawyer about your case.

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