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Encyclopedia > Felonies

A felony, in many common law legal systems, is the term for a "very serious" crime; misdemeanors are considered to be less serious. Crimes which are commonly considered to be felonies include: aggravated assault, arson, burglary, murder, and rape. Those who are convicted of a felony are known as felons. Originally, felonies were crimes for which the punishment was either death or forfeiture of property. Nowadays, felons can receive punishments which range in severity; from probation, to imprisonment, to execution. Felons often receive additional punishments such as the loss of voting rights, exclusion from certain lines of work, and loss of firearm rights. In addition, some states consider a felony conviction to be grounds for an uncontested divorce.


The distinction between a felony and misdemeanour has been abolished by some common law jurisdictions (e.g. Crimes Act 1958 (Vic., Australia) s. 332B(1) (http://www.austlii.edu.au/au/legis/vic/consol_act/ca195882/s322b.html), Crimes Act 1900 (NSW., Australia) s. 580E(1) (http://www.austlii.edu.au/au/legis/nsw/consol_act/ca190082/s580e.html)); other jurisdictions maintain the distinction, notably those of the US. Those jurisdictions which have abolished the distinction generally adopt some other classification, e.g. in New South Wales, Australia, the crimes are divided into summary offences and indictable offences.


In Canada, the term summary offence is used instead of misdemeanour; and indictable offence rather than felony.


The United States

In many jurisdictions of the US, a felony is any offence carrying a potential penalty of more than one year in prison. In Massachusetts, on the other hand, a felony is any offence which carries any prison time.


A civil sanction imposed on US citizens convicted of a felony includes the loss of competence to serve on a grand or petit jury. However the convicted person may regain his ability to serve as a juror as part of a general restoration of civil rights following completion of sentence.


US jurisdictions retaining the distinction between a felony and a misdemeanour, sometimes divide felonies into classes, e.g. class A felony, class B felony, etc. This classification was abolished for offenses committed under federal law after December 1, 1987.


Theoretically, federal law allows persons convicted of felonies in a federal United States district court to apply to have their record expunged. However, the U.S. Congress has refused to fund the federal agency mandated with handling the applications of convicted felons to have their record expunged. This means that in practice, federal felons cannot have their records expunged, unlike those convicted of felonies in state courts.


See also: three strikes law


  Results from FactBites:
 
Felony murder - Wikipedia, the free encyclopedia (1480 words)
The felony murder rule is a legal doctrine according to which anyone who commits, or is found to be involved in, a serious crime (a felony), during which any person dies, is guilty of murder.
In jurisdictions that also have the death penalty, felony murder usually qualifies as a capital crime; however, there are independent constitutional limitations on the imposition of the death penalty on those guilty of felony murder.
To "qualify" for the felony murder rule, the felony must present a foreseeable danger to life, and the link between the underlying felony and the death must not be too remote.
Felony - Wikipedia, the free encyclopedia (536 words)
A felony, in many common law legal systems, is the term for a "very serious" crime, whereas misdemeanors are considered to be less serious offenses.
Crimes which are commonly considered to be felonies include, but are not limited to: aggravated assault, arson, burglary, murder, and rape (recently controversy has erupted as the US Congress has been considering bill H.R., which would add illegal immigration and assistance therein to the list of Felonies).
A felony is one in the highest class of offenses, and punishable with death or imprisonment.
  More results at FactBites »


 
 

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