Felony - What is a felony charge? Legal Info You Should Know

A felony charge is the most serious type of criminal charge made in the United States. As a general rule, any charge that carries a possible punishment of more than one year in jail or capital punishment is a felony. Historically, the term "felony" comes from English common law to describe crimes for which the punishment was forfeiture of assets.

A felony crime can be violent or non-violent. Examples of violent felony crimes are aggravated assault, armed robbery, sexual assault, and murder. Non-violent felony crimes include white-collar criminal activity. Sentences for felony charges vary from state to state and depend on the type of felony charge. Violent criminal activity will attract much harsher sentences than non-violent felonies.

Felony charges can be brought through federal or state law. Most felony charges are processed through state courts; however, those who are convicted in federal court receive stiffer sentences. As with most state laws, each state has its individualized laws regarding felony offenses.

Grand juries may be utilized to indict an accused. The accused without financial means is guaranteed the right to a court-appointed attorney for his or her defense. Some states classify felonies according to their seriousness and pre-determine through the legislation the maximum sentence to be handed down for each class.

Persons convicted of felony charges customarily serve the sentence in state or federal prison. They may also be sentenced to restitution of losses to victims, fines, probation, community service, and rehabilitation treatment. A person convicted of a felony charge will lose their right to vote or serve on a jury, join the military, may be expelled from their profession or public office, and forbidden to carry arms.

Many states have enacted three strike legislation, which stipulates that, upon conviction for a third felony charge, the offender be sentenced to a mandatory 25 year prison with no possibility of early release on parole.

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