What is a Felony?

This is also referred to as a serious crime. The term felony originated from the French medieval term “felonie”. In English common law, felonies originally comprised of crimes that involved the confiscation of land and goods of convicted persons. Other crimes fell under misdemeanors.  Felony is usually considered as serious crime whereas a misdemeanor is not.

An individual who is said to have committed a felony is called a felon. Upon conviction for a felony in a law court, this person will be referred to as a convict or a convicted felon. The distinction between a felony and a misdemeanor is important because it is widely applied in the United States. The federal government has defined a felony as a crime punishable by an imprisonment term of one year and may include death. Misdemeanors are punishable by a one-year term.

When a Crime Falls Under a Felony

Some crimes under felony include murder, arson, burglary, larceny, tax evasion, vehicular homicide, manslaughter, different forms of fraud, animal cruelty, aggravated battery or assault, computer crime/fraud or hacking, rape or sexual assault, federal property vandalism, treason, grand theft or grand larceny, kidnapping, blackmail, extortion, forgery, threatening an official (judge or police officer), child pornography, wire and mail fraud, perjury, obstruction of justice, and the production, distribution or sale of  specific quantities of drugs considered illegal.

Felonies can be categorized as either nonviolent or violent.

Violent Offenses

This kind of offense contains forceful threats or employing elements of force toward someone. Crimes that involve psychological trauma can be classified by some jurisdictions as being violent. For instance, breaking and going in someone’s house with criminal intent, break-ins, or gaining illegal entry into businesses or house dwellings and burglary (the breaking and going in someone’s house in the middle of the night with the intent of committing battery, assault or larceny can also fall under felonies.

Some similar offenses may be distinguished as a misdemeanor or felony depending on a number of circumstances. For instance, the illegal production/growing, possession or distribution of the substance is a felony. On the other hand, the possession of small quantities of the same is ideally a misdemeanor. Possessing a deadly weapon may be legal but having that same weapon in a restricted area like a school compound is considered a serious offense even if there is no intent to use it. Driving while intoxicated (if a first offense) is considered a misdemeanor in some states but a felony as a repeat offense.

Participants in a felony are divided into four categories by common law: first-degree principals as those who committed the bribe, second-degree principal as abettors present and aiders at the crime scene, accessories, and more.

A felony is punishable by two or more years’ imprisonment or even death depending on the seriousness of the felony (for instance murder). When American and British legal systems parted ways, a felony was a crime that was punishable by either property forfeiture or death via the common law. Felonies are still considered serious crimes although proportionality concerns have prompted legislatures to permit punishments that are less serious in nature depending on the severity of the crime, often ranging from lesser imprisonment terms to a jail sentence.