Information On Aggravated Felony Charges
By: Rudy Silva | Posted: 17th September 2009
Aggravated felony charges are not uncommon today, particularly in America. Felony crimes are more serious than misdemeanor offenses. When found guilty, aggravated felony charge is punishable by law in the form of fines, imprisonment and other measures such as community services, restitution, probation and loss of rights.
The variations in severity of felony crimes define the corresponding punishment. If the punishment is imprisonment, the duration is one year. There are two major categories of aggravated felony charge. These are violent and non-violent. For a crime or offense to be categorized as non-violent, it should fall into acts such as drug offenses, property offenses and white-collar crimes. Larceny, fraud, forgery, burglary and some types of vandalism are few examples of property offenses.
White-collar aggravated felony charges include acts that took place in a business setting or other environment that involves profession, in which a person aims to have financial benefits while causing loss on the part of the other person. Violent felony crimes include manslaughter, attempted murder, murder, rape, sexual assault charges, aggravated assault, arson and theft charges whether armed or not.
How is aggravated felony charge carried out? A prosecutor can have a felony case immediately following an examination of police evidence and report. The accused is given the right to a trial where he proves his innocence while the prosecutor presents substantial and material evidence to constitute his guilt.
However, not all times that a felony attorney has the entire burden to influence the verdict. At times, a grand jury is presented to the court during the trial to decide on the felony crime. A jury has the task of deciding on the aggravated felony charges. Most felony attorneys such as prosecutors prefer this method because it does not need more evidence.
A felony case is file within 72 hours following the person's felony arrest. Initial felony crime can be changed and upgraded into higher criminal charges in the presence of more evidence defining a crime or its degree. The most common felony crimes in US America are aggravated assault charges, drug possession, burglary, murder; rape and arson while the least felony crimes are petty offenses including minor traffic offenses, parking violations and minor infractions of ordinances, which are all punishable by fine.
A level higher than those offenses is misdemeanor conduct. Misdemeanors acts include disorderly conduct, public intoxication, trespassing and theft charges with value specified by laws of the state. When found guilty after due hearing, punishment can be higher amount of fines or penalty, short-term sentence imprisonment.
Aggravated felony charges can stain criminal records of a person. Upon performing all the necessary actions as punishment to your aggravated felony charge, there is a chance for you to expunge felony from your record. There is a hearing set for this and the judge will gauge and take into consideration your willingness to rehabilitate yourself.
Of course, it does not end there. You must endeavor to stay out of trouble for a specific period of time. This is particularly true in California felony law, which stipulates that felons should stay out of trouble for one year before he can petition the court to expunge aggravated felony charge record. You cannot accomplish any of these unless you hire a felony attorney to handle your aggravated felony charges and felony expungement.
Do you need more law information about aggravated felony charges? You can learn some law principles about felony case in our reliable site. We have assorted aggravated felony charges articles that can educate you about this law. Go to Defense to learn more about felony issues. Your visit at http://www.ljones-law.com can be an educational for you.
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Tags: arson, white collar crimes