Criminal Defense: Felony
Overview
Felony crimes are serious offenses that carry severe penalties, including imprisonment for a minimum of one year. In the United States, felonies are typically categorized into three levels: Class A, Class B, and Class C. Class A felonies are the most serious, carrying a minimum sentence of 15 years to life in prison, while Class B and C felonies carry sentences ranging from 3-10 years.
Common examples of felony crimes include murder, rape, robbery, burglary, arson, and fraud. These crimes can have a significant impact on an individual’s personal and professional life, as well as their reputation.
If you or someone you know is facing felony charges, it is essential to seek the guidance of an experienced attorney who can help navigate the legal process and protect your rights. Remember, knowledge is power – stay informed about felony crimes and take proactive steps to protect yourself and your loved ones.
The Difference Between Federal and State Felonies
The intersection of state and federal laws can be complex when it comes to crime. Generally, crimes committed within a state are tried in state court, unless they fall under federal jurisdiction. State crimes typically include violations of state laws, such as murder, burglary, or rape. In contrast, federal crimes include offenses like kidnapping, drug trafficking, cybercrime, or counterfeiting.
When a crime violates both state and federal laws, the Supremacy Clause of the US Constitution takes precedence. In these cases, federal law supersedes state law, and the case is tried in federal court. This can happen when a crime is committed on federal property, crosses state lines, or involves interstate or international commerce.
The blurring of lines between state and federal courts can be confusing for individuals accused of felony crimes.
Felony Crimes: Types
There are three types of crimes in the criminal justice system: infractions, misdemeanors, and felonies. Felonies are the most serious type of crime, and they carry the most severe penalties. Some common examples of felonies include kidnapping, aggravated assault and battery, murder, domestic violence, vandalism, arson, rape, burglary, robbery, DUI/DWI, and fraud.
Felonies can be classified into two categories: crimes against persons and crimes against property. Crimes against persons involve harm or injury to another individual, such as assault, battery, domestic violence, and rape. Assault is defined as the intentional or reckless infliction of harm or fear of harm on another person. Battery is similar to assault, but it involves physical contact with the victim. Domestic violence is a form of abuse that occurs within a household, such as between spouses or roommates.
Drug-related crimes are also considered felonies. The amount and type of drugs involved can determine the severity of the charge. For example, possession of small amounts of marijuana may be a misdemeanor, but possession of larger quantities or stronger drugs like cocaine can be a felony. Driving under the influence (DUI) or driving while intoxicated (DWI) can also be a felony if the offense is repeated or involves injury to others.
Crimes against property include arson, burglary, fraud, theft, and vandalism. Arson is the intentional setting of fires to damage or destroy property. Burglary involves entering a building without permission to commit a crime or theft. Fraud is a type of white-collar crime that involves deception or misrepresentation to obtain money or property. Theft is the taking of someone else’s property without their consent, and vandalism involves the intentional destruction or damage of property:
Some specific examples of felonies include:
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Assault: intentional or reckless infliction of harm or fear of harm on another person.
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Battery: physical contact with another person without their consent.
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Domestic violence: abuse within a household.
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Drug-related crimes: possession or distribution of illegal drugs.
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DUI/DWI: driving under the influence of alcohol or drugs.
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Kidnapping: taking someone against their will.
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Manslaughter: killing another person unintentionally but recklessly.
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Murder: premeditated killing of another person.
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Rape: non-consensual sexual act with another person.
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Robbery: taking property from someone using force or threats.
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Arson: setting fires to damage or destroy property.
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Burglary: entering a building without permission to commit a crime or theft.
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Fraud: deception or misrepresentation to obtain money or property.
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Theft: taking someone else’s property without their consent.
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Vandalism: intentional destruction or damage to property.
It’s important to note that the specific laws and penalties for each felony crime can vary depending on the state and jurisdiction. It’s essential to consult with an attorney if you’re facing felony charges to understand your rights and options under the law.
Penalties of Federal Felony Crimes
Under federal law, 18 U.S. Code § 3559 outlines guidelines for assigning penalties to felony crimes.
Under subsection C, a federal felony is considered a crime punishable by imprisonment for a term of more than one year. This means that if you are convicted of a federal felony, you could face a sentence ranging from one year to several decades in prison. Furthermore, the court may also impose fines, restitution, and probation or supervised release upon your release from prison.
Subsection B takes it a step further, outlining the consequences for repeat offenders. If you have prior felony convictions, you may face enhanced penalties, including longer prison sentences and higher fines. This means that even if you are facing your first federal felony charge, your criminal history can still impact your sentence.
- A – Life imprisonment, or if the maximum penalty is death: This category applies to the most severe crimes, such as murder or treason, where the maximum sentence is life imprisonment or even death.
- B – 25 years or more: This category includes crimes that are considered extremely serious, such as drug trafficking, violent crimes, or white-collar crimes like fraud or embezzlement.
- C – 10 to (less than) 25 years: This category includes crimes that are considered serious but not as severe as those in category B. Examples include drug-related crimes, violent crimes, or property crimes like burglary.
- D – 5 to (less than) 10 years: This category includes crimes that are considered less serious than those in category C. Examples include misdemeanor offenses, petty theft, or non-violent drug-related crimes.
- E – 1 to (less than) 5 years: This category includes the least serious crimes, such as minor infractions or non-violent misdemeanors like disorderly conduct.
Penalties of Felony Crimes in New York
In New York, felonies are classified into five categories: A, B, C, D, and E, with A crimes being the most severe. The classification system does not account for repeat offenders, who will face harsher sentences due to their prior convictions. Other factors such as violence, youth of the defendant, and aggravating circumstances can also impact sentencing. New York felony offenses include crimes like murder, rape, robbery, burglary, arson, and fraud.
- A – Violent Felony: Life imprisonment, or 20-25 years.
- B – Violent Felony: 5-25 years.
Non-Violent Felony: 1-3 years, with a maximum sentence of 25 years.
- C – Violent Felony: 3½ to 15 years
Non-Violent Felony: No jail time, with probation and a sentence of 1-2 years to 15 years.
- D – Violent Felony: 2-7 years
Non-Violent Felony: No jail time, with probation and a sentence of 1-3 to 7 years.
- E – Violent Felony: No jail time, with probation and a sentence of 1½ to 4 years
Non-Violent Felony: No jail time, with probation and a sentence of 1 1/3 to 4 years.
Felony Crime Defenses
Having a skilled attorney is vital when facing felony charges, as they can expertly guide you through the legal process and develop a strong defense. A good felony defense attorney will thoroughly investigate the case to find the most effective approach. It’s essential to choose an experienced and knowledgeable lawyer to secure the best possible outcome.
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Illegal Search and Seizure:
If the evidence against you was obtained through an illegal search or seizure, our attorneys can challenge its admissibility in court.
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Miranda Rights Violation:
If you were not read your Miranda rights during questioning, we can argue that any statements made thereafter should be excluded from evidence.
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Entrapment:
If you were induced or coerced into committing the crime, we can argue that you were entrapped and should not be held accountable.
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Insanity Defense:
If you were suffering from a mental disorder or impairment at the time of the alleged crime, we can argue that you were incapable of forming the intent required for criminal liability.
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Self-Defense:
If you were acting in self-defense, we can argue that your actions were justified and reasonable under the circumstances.
Bukh Law P.A. Felony Charges Defense services:
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Initial Consultation:
Consultation to discuss the case, explain the charges, and outline the legal options.
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Investigation and Discovery:
Gathering evidence, interviewing witnesses, and reviewing police reports to build a strong defense strategy.
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Plea Negotiation:
Working with prosecutors to negotiate a plea deal that minimizes the consequences, such as reducing the charges or sentence.
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Trial Preparation:
Preparing for trial by gathering evidence, interviewing witnesses, and developing a persuasive argument to present to the jury.
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Trial Representation:
Presenting the case in court, cross-examining witnesses, and arguing on behalf of the client to secure a favorable outcome.
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Appeal Representation:
Representing the client in appellate court to challenge the conviction or sentence.
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Bond Hearing Representation:
Representing the client at bond hearings to secure release from custody pending trial.
- Assault
- Criminal Battery
- Domestic Violence
- Drug-Related Crimes
- Kidnapping
- Manslaughter
- Murder
- Rape
- Robbery
- Arson
- Burglary
- Fraud
- Theft
- Vandalism
