Felony

Do you have questions about what the legal definition of a felony is or whether you can vote, adopt, get a government job, or get a passport with felonies?

Read our guide to learn all about felony crimes and convictions to learn this and much more!

What is Felony in Law?

In law, a felony is a serious criminal offense that can be punishable by imprisonment for more than one year (In some jurisdictions, some felonies for murder can be punishable by death).

Felonies are considered more severe than misdemeanors, which are less serious offenses. The exact definition and classification of felonies can vary between jurisdictions, as legal systems differ across countries and even within different states or regions.

The specific penalties for felonies vary depending on the jurisdiction and the circumstances of the crime. In addition to imprisonment, fines, probation, and other sanctions may be imposed.

Felonies often have significant long-term consequences for individuals, including limitations on future employment, housing, voting rights, and potential immigration consequences for non-citizens.

What Crimes Fall Under Felony?

Crimes that are charged as felonies include the following examples:

1. Murder: Intentionally causing the death of another person.
2. Manslaughter: Causing the death of another person through reckless or negligent behavior.
3. Rape: Non-consensual sexual intercourse or sexual penetration.
4. Robbery: Taking someone’s property by force, threat, or intimidation.
5. Burglary: Illegally entering a building or structure with the intent to commit a crime, usually theft.
6. Kidnapping: Unlawfully taking and holding someone against their will.
7. Aggravated assault: Intentionally causing serious bodily harm or using a deadly weapon during an assault.
8. Drug trafficking: The illegal sale, distribution, or transportation of controlled substances.
9. Fraud: Engaging in deceptive practices for personal gain, such as identity theft, embezzlement, or insurance fraud.
10. Arson: Intentionally setting fire to property.
11. Money laundering: Concealing the origins of illegally obtained money.
12. Possession of illegal firearms: Unlawful possession of firearms or weapons.
13. Certain types of theft: Grand theft, which involves the theft of property above a specified value threshold or theft of certain types of property, such as a motor vehicle.
14. Terrorism: Engaging in acts of violence or threats to further political, ideological, or religious motives.
15. Treason: Betraying one’s country by providing aid or comfort to its enemies.

It’s important to note that the classification of crimes as felonies can vary between jurisdictions, and the specific laws and penalties associated with each offense can also differ.

What Happens After Arraignment for Felony?

After the arraignment for a felony charge, the legal process continues with several potential steps, varying depending on the jurisdiction and the case’s specific circumstances. Here are some common legal procedures that may follow the arraignment:

1. Pretrial Motions: Both the defense and the prosecution can file pretrial motions to address various legal issues. These motions may include requests to suppress evidence, dismiss charges, or clarify legal procedures.
   The court will review these motions and make relevant decisions.
2. Discovery: The discovery phase allows the defense and prosecution to exchange information and evidence related to the case. This includes sharing documents, witness lists, expert reports, and other relevant evidence.
3. Plea Bargaining: The prosecution and defense may engage in plea negotiations to reach a resolution before going to trial. This involves discussions to potentially reduce charges or penalties in exchange for a guilty plea from the defendant.
4. Pretrial Conference: A pretrial conference is a meeting between the judge, the prosecution, and the defense attorneys to discuss case updates, potential plea agreements, or any other procedural matters.
5. Trial: If the case proceeds to trial, both sides present their arguments, evidence, and witnesses before a judge or a jury. The prosecution must prove the defendant’s guilt beyond a reasonable doubt.
   The defense can present its own evidence and challenge the prosecution’s case.
6. Verdict: Following the trial, the judge or jury will deliver a verdict of either guilty or not guilty. The court will proceed to the sentencing phase if the defendant is found guilty.
7. Sentencing: During the sentencing phase, the court determines the appropriate punishment for the convicted individual. This can include imprisonment, fines, probation, community service, or a combination of these penalties.
8. Appeal: In some cases, the defense or prosecution may choose to appeal the verdict or the sentence. The appeals process involves higher courts reviewing the trial court’s decisions for errors of law or constitutional violations.

It’s important to note that the legal process can be complex and may vary depending on the jurisdiction and the case’s specific circumstances.

Consulting with an attorney specializing in the area of criminal law regarding the nature of the charged crime is essential for accurate guidance and representation throughout the felony proceedings.

What Happens at a Preliminary Hearing for a Felony?

A preliminary hearing, also known as a probable cause hearing or a preliminary examination, is a mini-trial legal proceeding that typically takes place immediately before an arraignment for a felony.

The purpose of a preliminary hearing is to determine whether there is sufficient evidence to proceed with a trial. Here’s an overview of what typically happens at a preliminary hearing for a felony:

1. Presentation of Evidence: During the preliminary hearing, the prosecution presents evidence to demonstrate that a crime has been committed and that the defendant is likely the person who committed it. This may include witness testimony, physical evidence, documents, or other relevant materials.
2. Cross-Examination: The defense has the opportunity to cross-examine the prosecution’s witnesses. The defense attorney may challenge the witnesses’ credibility, question the evidence’s accuracy, or attempt to establish doubts about the case.
3. Burden of Proof: The prosecution has the burden of establishing probable cause, which means they must show that there is sufficient evidence to suggest that the defendant likely committed the crime.
   The standard of proof at this stage is typically lower than the standard of proof required at a trial, which is “beyond a reasonable doubt.”
4. Legal Arguments: Both the prosecution and the defense may make legal arguments regarding the admissibility of evidence or the interpretation of relevant laws. The judge considers these arguments and makes rulings accordingly.
5. Decision by the Judge: After evaluating the evidence and arguments, the judge determines whether sufficient probable cause exists to proceed with a trial.
   If the judge finds probable cause, the case will be “bound over” for trial in a higher court. If the judge determines that there is insufficient evidence, the charges may be dismissed, or the prosecution may be allowed to present additional evidence.

It’s important to note that the specific procedures and rules surrounding preliminary hearings can vary depending on the jurisdiction and local laws.

Some jurisdictions may not require a preliminary hearing for every felony case, while others may have different names or procedures for this stage of the legal process.

Consulting with a criminal defense attorney familiar with the local jurisdiction is advisable for accurate information and guidance.

What Happens After a Felony Indictment?

After a felony indictment, the legal process continues with several potential steps, which can vary depending on the jurisdiction and the case’s specific circumstances. The following list contains the typical procedures that follow a felony indictment:

1. Arraignment: Following the indictment, the defendant is typically arraigned. During the arraignment, the charges listed in the indictment are formally presented to the defendant, and they are given an opportunity to enter a plea, such as guilty, not guilty, or no contest.
2. Bail Hearing: Typically, immediately following an arraignment, a bail hearing takes place where the judge will determine the term of the criminal defendant’s bail or if they will be denied bail and forced to wait for their trial in jail.
3. Pretrial Motions: Both the defense and the prosecution can file pretrial motions to address various legal issues. These motions may include requests to suppress evidence, dismiss charges, or challenge the indictment itself. The court will review these motions and make relevant decisions.
4. Discovery: The discovery phase allows the defense and prosecution to exchange information and evidence related to the case. This includes sharing documents, witness lists, expert reports, and other evidence relevant to the case.
5. Plea Bargaining: The prosecution and defense may engage in plea negotiations to reach a resolution before going to trial. This involves discussions to potentially reduce charges or penalties in exchange for a guilty plea from the defendant.
6. Pretrial Conference: A pretrial conference is a meeting between the judge, the prosecution, and the defense attorneys to discuss case updates, potential plea agreements, or any other procedural matters.
7. Trial: If the case does not result in a plea agreement, it may proceed to trial. Both sides present their arguments, evidence, and witnesses before the judge and jury during the trial.
   The prosecution must prove the defendant’s guilt beyond a reasonable doubt. The defense has the opportunity to present its own evidence and challenge the prosecution’s case.
8. Verdict: Following the trial, the judge or jury will deliver a verdict of either guilty or not guilty. The court will proceed to the sentencing phase if the defendant is found guilty.
9. Sentencing: During the sentencing phase, the court determines the appropriate punishment for the convicted individual. This can include imprisonment, fines, probation, community service, or a combination of these penalties.
10. Appeal: In some cases, the defense or prosecution may choose to appeal the verdict or the sentence. The appeals process involves higher courts reviewing the trial court’s decisions for errors of law or constitutional violations.

It’s important to note that the legal process can be complex and may vary depending on the jurisdiction and the case’s specific circumstances.

Speaking with a lawyer specializing in criminal law is essential for accurate guidance and representation throughout the felony proceedings.

How Long Does a Felony Stay on Your Record?

The amount of time that a felony stays on an individual’s criminal record varies depending on several factors, including the jurisdiction and the specific laws in place.

A felony conviction remains on a person’s record permanently unless specific legal measures are taken to expunge or seal the record, such as expungement or being granted clemency.

Expungement or record sealing refers to the process of having certain criminal records removed or hidden from public view.

However, the availability and eligibility for expungement or record sealing vary widely depending on jurisdiction and the nature of the offense.

Some jurisdictions allow for the expungement or sealing of certain felony convictions after a specified duration of time or if certain criteria are met, such as completing probation, demonstrating good behavior, or having a clean record for a certain number of years.

It’s crucial to consult with an expungement attorney familiar with your jurisdiction’s laws to determine whether the rules and options available allow the felony to be expunged from your record.

They can provide legal guidance based on the applicable laws and individual circumstances.

Can a Felony be Expunged?

Yes, most but not all types of felony convictions can be expunged from a person’s criminal record. However, the ability to erase a felony crime depends on the jurisdiction and its laws.

While some jurisdictions allow for the expungement of certain felony convictions, others do not permit it or have limited eligibility criteria.

Expungement lawyers specialize in the expungement proceeding process and fight to have a criminal record sealed or destroyed, effectively removing it from public view.

Although expungement laws and eligibility requirements can vary widely, they generally consider factors such as the nature of the offense, the length of time since the conviction, the person’s criminal history, and their behavior since the conviction.

Certain jurisdictions may have specific waiting periods or rehabilitation requirements that must be met before a felony conviction becomes eligible for expungement.

Expungement, if granted, can have several benefits for individuals with a felony conviction. It can help with employment prospects, housing applications, and other areas where a criminal record may pose a barrier.

However, it’s important to note that even with an expunged record, there may still be circumstances where the conviction is accessible to certain entities such as law enforcement, government agencies or for specific purposes like certain professional licensing or immigration proceedings.

Can You Bond Out on a Felony Charge?

Yes, it is possible to bond out or be granted bail on a felony charge. However, some jurisdictions have laws that make it so that some felony charges automatically deny bonds, such as for capital felonies involving drug trafficking or murder.

A bail bond is a financial guarantee or collateral to secure their release from custody while awaiting trial or other court proceedings. Cash bail aims to ensure the defendant’s appearance in court and protect the community from potential harm.

Ultimately, the specific conditions and availability of bail for a felony charge can vary depending on the jurisdiction and the case circumstances.

Factors such as the severity of the offense, the defendant’s criminal history, flight risk, and potential danger to the community are considered when determining bail eligibility and amount.

In some cases, a judge may choose to set a bail amount that the defendant or their family cannot afford to pay directly to the court.

However, often the amount will necessitate a defendant to seek the assistance of a bail bondsman, who will post the bail amount on behalf of the defendant for a fee.

A Bail bondsman typically charges 10% of the total bail amount. This fee is non-refundable and is how the bail bond companies profit.

It’s important to note that while bail allows for temporary release from custody, the defendant must comply with certain conditions, such as appearing in court as scheduled and adhering to any restrictions imposed by the court, such as travel limitations or required check-ins.

Criminal defense attorneys can facilitate and guide their clients through the process of obtaining a bail bond. They will be familiar with the local laws and procedures surrounding bail and can provide the necessary legal advice and representation.

How Often Are Felony Charges Dropped?

The frequency at which felony charges are dropped can vary depending on various factors, such as jurisdiction, the case’s specific circumstances, the strength of the evidence, and the decisions made by the prosecuting authorities.

It is challenging to provide an exact statistic on how often felony charges are dropped because the types of felonies vary significantly from case to case. Instead, the more helpful questions to address are whether and how felony charges can be dropped.

The following includes some of the more common reasons why a charge will be dropped:

Insufficient evidence: A prosecuting attorney may drop charges if they do not have enough evidence to support a conviction.

Legal or procedural issues: The charges may be dropped or dismissed if there are significant legal or procedural issues in the case, such as violations of the defendant’s rights or mishandling of evidence.

Plea negotiations: The prosecution and defense may engage in plea bargaining, where the defendant agrees to plead guilty to lesser charges or accepts a plea agreement.

Plea agreements involve the defendant cooperating, pleading guilty or no contest, and accepting an agreed-upon sentence.

By signing a plea deal, the defendant avoids having to stand trial and having to risk a harsher punishment if convicted.

Lack of victim cooperation: In cases where the victim is a crucial witness and refuses to cooperate or testify, the prosecution may struggle to build their case, leading to potential charges being dropped.

Remember that every case is unique, and the outcome depends on the circumstances and factors involved.

Consulting and hiring a qualified criminal defense lawyer who can assess the details of your case is essential to giving you the best chance of having the felony charges dropped.

Can You Get A Passport If You Have Felonies?

The eligibility to obtain a passport if you have felonies, depends on various factors, including the laws of your country and the specific circumstances of your case.

The details below address the general practices concerning getting a passport if you have a felony in the United States. However, it’s important to note that other countries may have different rules and requirements.

Whether or not you can get a passport In the United States depends on the following:

1. Felony Convictions: Generally, having a felony conviction does not automatically disqualify you from obtaining a passport. The U.S. Department of State, which handles passport issuance, does not have specific restrictions for individuals with felony convictions.
2. Outstanding Arrest Warrants or Parole/Probation: If you have an outstanding arrest warrant or if you are on parole or probation, you may face restrictions on obtaining a passport.
   In such cases, it’s advisable to consult with your probation officer, attorney, or legal professional for guidance.
3. Child Support Arrears: If you owe a significant amount of child support and it goes unpaid for too long, it can be a felony, so having unpaid child support can cause you to be denied a passport or have your passport application delayed or limited.
   The U.S. Department of State has the authority to deny passport applications or revoke existing passports in cases of substantial child support arrears.
4. Travel Restrictions: It’s important to note that even if you are issued a passport, certain countries may have entry restrictions for individuals with criminal records, including felonies. It’s advisable to check the entry requirements of the specific country you intend to visit before making any travel plans.

It’s crucial to consult with an attorney or legal professional familiar with the laws and regulations of your country and jurisdiction to understand your specific situation and eligibility for obtaining a passport with felonies.

They can provide personalized guidance based on the relevant laws and regulations that apply to you.

Can You Vote if You Have a Felony?

No, in many states, someone with a felony conviction is not allowed someone with a felony to vote. The following details about whether or not someone who has a felony can vote is specifically addressing the general rules in the United States.

It’s essential to be aware that other countries may have different rules and regulations.

In the United States, factors regarding someone with a felony being allowed to vote include the following:

1. State Laws Vary: Voting rights for individuals with felony convictions are determined at the state level. Each state has its own laws regarding the restoration of voting rights for felons.
2. Restoration of Voting Rights: Some states automatically restore voting rights to individuals with felony convictions upon completion of their sentence, including any probation or parole.
   In these states, individuals regain their right to vote as soon as they have served their sentence.
3. Voting Rights Restoration Process: In other states, individuals with felony convictions may need to undergo a separate process to restore their voting rights.
   This can involve applying for a pardon, seeking clemency, or going through a specific legal procedure to regain voting rights.
4. Ongoing Restrictions: In a few states, individuals with certain felony convictions may face permanent restrictions on their voting rights and may never be able to have their rights restored even after completing their sentence.

Can You Search for and Find Felony Convictions?

Yes, it is possible to search for and find felony conviction records. The availability of this information and the process for accessing it can vary depending on the jurisdiction and the specific laws and regulations in place.

Below is a list of a few of the most common methods used for searching and finding whether someone has a felony conviction(s):

1. Public Records Search: In many jurisdictions, felony convictions are a matter of public record. You may be able to search online databases or visit local courthouses or government offices to access public records, including records of felony convictions.
   Some states have websites that provide a statewide search for criminal records.
   These government websites allow people to enter specific information such as name and date of birth, among other personal identifiers, to search databases so they can locate criminal records.
   Alternatively, third-party databases run by companies such as Lexis Nexis and Thompson Reuters provide access to criminal records, which is especially useful in states that do not allow for statewide searches.
2. Background Checks: Employers, landlords, and other authorized entities may conduct background checks, including searching for felony convictions.
   These checks are typically performed using the services of background check companies that have relevant databases and records.
3. Law Enforcement or Criminal Justice Agencies: Law enforcement agencies and certain criminal justice agencies may have access to databases and systems that contain information on felony convictions.
   However, access to these resources is typically restricted to authorized individuals or entities involved in law enforcement or legal proceedings.

Accessing criminal records, including felony convictions, is subject to legal regulations and privacy considerations. The specific laws and regulations governing the access and use of such information can vary by jurisdiction.

There are many legal restrictions on who can access this information and for what purposes.

Whether you are a convicted felon or an employer wanting to run background checks on felony convictions, it is advisable to consult with an attorney or legal professional familiar with the relevant laws and regulations.

For parties seeking to access this info, a lawyer can provide instructions on what is and is not legally allowed and the proper methods and compliance rules for accessing and using this information.

Is Aiding and Abetting a Felony or Misdemeanor?

Depending on the crime, someone is accused of being an accessory to aiding and abetting can be a felony or misdemeanor.

Aiding and abetting, also known as accomplice or accessory liability, is a legal principle rather than a specific offense. The classification of the crime being aided and abetted determines whether it is considered a felony or a misdemeanor.

If the underlying offense that the individual is aiding and abetting is classified as a felony, then aiding and abetting that felony would also be considered a felony.

Similarly, if the underlying offense is classified as a misdemeanor, then aiding and abetting that misdemeanor would be considered a misdemeanor.

The specific laws and definitions regarding aiding and abetting can vary depending on the jurisdiction. Therefore, it is crucial to, at a bare minimum, research the criminal code laws.

However, given the seriousness of the issue, it is advisable to seek legal advice from an attorney who is knowledgeable about how aiding and abetting laws are treated in that particular context.

Can a Minor Be Charged With a Felony?

Yes, a minor can be charged with a felony for certain offenses if they are sent to an adult court to be tried as an adult. The age at which an individual is considered a minor, also known as the age of criminal responsibility, varies by jurisdiction.

However, the age of criminal responsibility is often significantly lower than the age of majority (the age at which an individual is legally considered an adult).

When a minor commits a serious offense that meets the criteria for a felony under the applicable laws, they can be charged and prosecuted as a juvenile delinquent.

Juvenile justice systems are designed to handle cases involving minors who have committed offenses, and they often have separate procedures and sentencing guidelines compared to adult criminal courts.

In some cases, depending on the offense’s severity or the minor’s age, there may be provisions for the case to be transferred from the juvenile system to the adult criminal system.

This is commonly referred to as “juvenile waiver” or “juvenile transfer.” The specific rules and procedures regarding the charging and prosecution of minors as felons vary by jurisdiction.

Juveniles and their parents should consult with an experienced defense attorney who understands how felony charges apply to minors in that particular jurisdiction.

What is a Felony Warrant in Texas?

In Texas, a felony warrant is a legal document issued by a court authorizing law enforcement to apprehend and arrest an individual suspected of committing a felony offense.

A felony is a more serious criminal offense, typically punishable by imprisonment for more than one year or, in some cases, by the death penalty.

In Texas, a felony warrant is typically issued when law enforcement officers have gathered enough evidence to establish probable cause that a specific individual has committed a felony offense.

When a felony warrant is issued, it gives law enforcement officers the authority to take the named individual into custody and bring them to court face charges. They may conduct searches, make arrests, or execute the warrant as required by law.

It’s important to note that specific procedures and guidelines for the issuance and execution of felony warrants can vary depending on the jurisdiction within Texas.

If you or someone you know is facing a felony warrant in Texas, you should seek legal counsel from a criminal defense attorney licensed to practice law in Texas.

Can You Adopt With a Felony?

Although the ability for someone to adopt a child with a felony conviction can be legally possible depending on the jurisdiction and the specific circumstances of the conviction, it is typically difficult to accomplish.

Adoption laws and regulations differ across countries and even within different states or provinces.

In general, having a felony conviction does not automatically disqualify an individual from adopting a child.

However, the adoption process typically involves a thorough assessment of the prospective adoptive parents, including background checks and evaluations of their suitability to provide a safe and stable environment for a child.

When considering adoption, authorities will take into account factors such as the nature and severity of the felony conviction, the time that has passed since the conviction, evidence of rehabilitation and reform, and the best interests of the child.

The specific guidelines and criteria can vary, and decisions are typically made on a case-by-case basis, which is why it is crucial to consult with an adoption attorney or agency specializing in adoptions to understand your jurisdiction’s specific requirements and restrictions.

They can provide accurate information and guidance based on the laws and regulations that apply to your situation and what options provide you with the best chance of being approved to adopt.

For instance, some private adoption agencies and countries where you can adopt a child may be more lenient.

Can You Get a Government Job With a Felony?

In general, having a felony conviction does not automatically disqualify an individual from all government jobs.

The eligibility for a government job with a felony conviction can vary depending on several factors, including the nature of the felony, the type of government job, and the laws and regulations in the specific jurisdiction.

Certain government positions, particularly those that require security clearances or involve sensitive responsibilities, may have stricter requirements regarding criminal backgrounds.

Government employers typically conduct background checks as part of the hiring process. Some government agencies or positions may have explicit policies that disqualify individuals with certain types of felony convictions from employment.

The government agency that discovers a job applicant has a felony record will consider factors such as the nature and severity of the felony conviction, the time that has passed since the conviction, evidence of rehabilitation and good conduct, and the specific requirements of the job.

For example, convictions related to dishonesty, fraud, or violence may be disqualifying factors for some positions.

It’s important to research the specific requirements and policies of the government agency or position you are interested in and to be honest and forthright about your criminal background during the application process.

Each jurisdiction and agency may have different rules and procedures, so it is advisable to consult with an employment attorney or a career counselor who can provide guidance based on the specific laws and regulations that apply to your situation.

Additionally, exploring programs or initiatives that aim to support individuals with criminal records in finding employment opportunities may be helpful.

These programs may offer resources, training, or assistance in navigating the job application process with a felony conviction.

How Much Time Can You Get for Felony Fleeing?

The penalties for felony fleeing, also known as evading arrest or eluding law enforcement, can vary depending on the jurisdiction and the specific circumstances of the offense.

The potential prison sentence for felony fleeing will depend on factors such as the severity of the offense, any aggravating factors, prior criminal record, and the laws of the jurisdiction where the offense occurred.

In general, felony fleeing is considered a serious offense as it involves attempting to evade law enforcement officers who are lawfully attempting to make an arrest.

The penalties can include being sentenced to prison, fines, probation, and other consequences if convicted. The specific range of penalties can vary significantly from one jurisdiction to another.

For example, in some jurisdictions, felony fleeing can be classified as a low-level felony, carrying a potential sentence of 1 to 5 years in prison.

In other cases, it may be classified as a more severe felony, resulting in a longer prison sentence, such as 5 to 10 years or more.

Ultimately, if you are facing charges for felony fleeing, you should hire a criminal defense attorney to represent you and guide you on navigating the applicable laws.

Written by Aaron R. Winston
Last Updated: July 10, 2023 1:27pm CDT