Felonies

The short version

A felony is a serious crime that can lead to long prison sentences, large fines, and a criminal record. Understanding felonies is important because they have major, lasting impacts on your life, including your freedom, job prospects, and civil rights. This lesson will explain what felonies are, how they are classified, and some of the consequences if you are convicted.

The law this is built on

Every point below comes from the authority named next to it. Verify the current text before relying on it.

U.S. Const. amend. IV
The Fourth Amendment protects people from unreasonable searches and seizures without a warrant, generally requiring probable cause.
Why it matters: This means police must follow specific rules when investigating or arresting you for a felony, protecting your privacy and freedom.
U.S. Const. amend. V
The Fifth Amendment ensures due process, protection against self-incrimination (the right to remain silent), and protection against double jeopardy (being tried twice for the same crime).
Why it matters: You have the right to stay silent if questioned by police about a felony, and you cannot be tried again if found innocent.
U.S. Const. amend. VI
The Sixth Amendment guarantees the right to a speedy and public trial, an impartial jury, to confront witnesses, and to have a lawyer for your defense.
Why it matters: If accused of a felony, you have the right to a fair trial and the help of a lawyer, even if you can't afford one.
U.S. Const. amend. VIII
The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.
Why it matters: This means that if you are charged with a felony, any bail set should not be unreasonably high, and your punishment if convicted cannot be overly harsh or inhumane.
18 U.S.C. (United States Code)
This federal law defines many federal crimes, including felonies, and outlines penalties for them.
Why it matters: Many serious crimes are defined by federal law, meaning you could face federal charges for certain felonies, which are often prosecuted differently than state charges.

Words you need to know

Felony: A serious crime, typically punishable by imprisonment for more than one year, or death. Felonies are more severe than misdemeanors, which carry shorter jail sentences and smaller fines.
Misdemeanor: A less serious crime than a felony, generally punishable by a jail sentence of up to one year, a fine, or both. Examples include petty theft or minor assault.
Indictment: A formal accusation by a grand jury that there is enough evidence to bring criminal charges against a person, especially for a felony. This step is common in federal felony cases.
Arraignment: The first court appearance where a person accused of a crime is officially told of the charges against them and is asked to enter a plea (guilty, not guilty, or no contest).
Plea Bargain: An agreement between the prosecutor and the defendant, where the defendant pleads guilty to a lesser charge or to fewer charges in exchange for a lighter sentence. This avoids a trial.
Sentencing: The phase after a conviction where a judge determines the appropriate punishment for the crime committed. For felonies, this often includes prison time, probation, and fines.
Criminal Record: An official history of a person's arrests and convictions. A felony conviction creates a permanent criminal record that can impact employment, housing, and civil rights.

Your rights

✓You have the right to remain silent when questioned by law enforcement.
✓You have the right to a lawyer, and if you cannot afford one, the court will appoint one for you.
✓You are presumed innocent until proven guilty beyond a reasonable doubt.
✓You have the right to a speedy and public trial by an impartial jury.
✓You have the right to confront witnesses testifying against you and to present your own witnesses.
✓You are protected from unreasonable searches and seizures without probable cause and generally a warrant.

How the process actually works

1
Investigation & Arrest
When a crime is reported or suspected
Law enforcement investigates a crime. If they find enough evidence (probable cause) that you committed a felony, they can arrest you. They might also obtain an arrest warrant from a judge.
2
Booking & Bail Hearing
Usually within 24-72 hours of arrest
After arrest, you are 'booked' (fingerprinted, photographed). You'll then have a bail hearing where a judge decides if you can be released before trial and, if so, under what conditions or how much bail you must pay.
3
Formal Charges (Indictment/Information)
Varies, can be weeks to months after arrest
A prosecutor decides whether to formally charge you. In many felony cases, especially federal ones, a grand jury might review evidence and issue an indictment. In other cases, a prosecutor files an 'information' document directly with the court.
4
Arraignment
Soon after charges are filed
You appear in court, hear the formal charges, and enter a plea (guilty, not guilty, or no contest). This is also when your lawyer can formally request copies of the evidence against you.
5
Discovery & Pre-Trial Motions
Weeks or months leading up to trial
Both sides gather evidence (discovery). Your lawyer might file motions to suppress evidence, dismiss charges, or request specific information from the prosecution.
6
Plea Bargaining
Can happen at various stages before or during trial
At any point before or during trial, the prosecution may offer a plea bargain, where you plead guilty to a lesser charge or for a specific sentence. You and your lawyer decide whether to accept.
7
Trial
Varies greatly, from months to years after arrest
If no plea bargain is reached, the case goes to trial. A judge or jury hears evidence, testimony, and arguments from both sides. If the jury finds you guilty, you are convicted.
8
Sentencing
Soon after conviction
If you are convicted (either by trial or a guilty plea), the judge determines your punishment. This could include prison time, probation, fines, or other penalties.

Deadlines that can end your case

Statute of Limitations
Varies by state and specific crime
This is the time limit for the government to file charges after a crime occurs. If charges aren't filed within this window, you generally cannot be prosecuted. Some serious felonies (like murder) may have no statute of limitations.
Speedy Trial Rights
Varies by state; generally 90-180 days for a felony once charges are filed, but can be waived
If you are not brought to trial within a certain period, your case may be dismissed. However, defendants often waive this right to allow their lawyer more time to prepare.
Notice of Appeal
Varies by state; typically 10-60 days after sentencing
If you are convicted and want to challenge the verdict or sentence, you must file a formal notice within this window to start the appeals process. Missing it can mean losing your right to appeal.

Costly mistakes

✕Talking to police without a lawyer present, which can lead to self-incriminating statements.
✕Resisting arrest, even if you believe the arrest is unlawful, which can lead to additional charges.
✕Missing court dates or violating bail conditions, which can lead to a warrant for your arrest and additional penalties.
✕Trying to represent yourself in court without legal training, especially in complex felony cases.
✕Failing to understand the long-term consequences of a felony conviction, such as loss of voting rights or difficulty finding employment.
✕Not disclosing past felony convictions when required, which can lead to legal problems or loss of opportunities.

Your checklist

If arrested or questioned about a felony, clearly state you want a lawyer.
Do not talk to police or answer questions without your lawyer present.
Do not resist arrest, even if you feel it's unfair.
Attend all court dates and follow all bail conditions.
Work closely with your lawyer, providing them with all relevant information.
Understand the potential plea bargains and the consequences of a conviction before making decisions.
Research the specific laws and potential penalties in your state for the alleged crime.
Prepare for the long-term impact of a felony conviction on your life.

Common questions

What's the difference between a state felony and a federal felony?

State felonies are crimes that violate state laws, like most murders, robberies, or assaults, and are prosecuted in state courts under state criminal codes. Federal felonies, such as drug trafficking across state lines, counterfeiting, or some types of fraud, violate federal laws (like 18 U.S.C.) and are prosecuted in federal courts. The rules and penalties can differ significantly.

Can a felony conviction be removed from my record?

It depends on the state and the specific crime. Some states allow for 'expungement' or 'sealing' of certain felony records after a certain period and if certain conditions are met, such as completing probation. Other felony convictions, especially serious ones, may never be removed. You would need to check your state's laws to see if you qualify.

What rights do I lose if I'm convicted of a felony?

A felony conviction can lead to the loss of several civil rights. These often include the right to vote, the right to own firearms, and the right to serve on a jury. Some states may restore these rights after you complete your sentence, while others may require specific applications. This varies by state.

How are felonies classified?

Felonies are typically classified by the severity of the crime. Many states and the federal system (under 18 U.S.C.) use classes (e.g., Class A, B, C, D, E felonies) or degrees (e.g., first-degree, second-degree) to categorize them. The more serious the class or degree, the harsher the potential punishment, including longer prison sentences and higher fines.

What is the 'presumption of innocence'?

The presumption of innocence means that you are considered innocent until the prosecution proves your guilt beyond a reasonable doubt in court (U.S. Const. amend. V and VI). The burden of proof is entirely on the government, not on you to prove you are innocent.

How this changes by state

Criminal law, including felony definitions, classifications, and penalties, varies significantly from state to state. While federal law (18 U.S.C.) defines certain felonies, most criminal cases are handled under state laws. Each state's criminal code outlines what constitutes a felony, how it's categorized (e.g., by class or degree), and the range of punishments. For example, what might be a Class B felony in one state could be a Class C felony in another, with different minimum and maximum sentences. To find your state's specific rules, you would need to consult your state's criminal code or statutes, usually available online or at a local law library.

When you need a lawyer

You should hire a lawyer immediately if you are arrested, questioned, or charged with any felony. Even if you think you are innocent, a lawyer can protect your rights, explain the complex legal process, and represent you in court. Do not try to handle felony charges alone.

Do this today

→If you or someone you know is facing felony charges, contact a criminal defense lawyer immediately.
→Learn about your specific state's criminal laws regarding felonies, as they can differ significantly.
→Understand your constitutional rights (U.S. Const. amends. IV-VIII) when dealing with law enforcement and the court system.

This lesson is legal information for educational purposes only, based on U.S. Const. amends. IV–VIII; 18 U.S.C.; state criminal codes. It is not legal advice and does not create an attorney-client relationship.