The States' Power: Creating Their Own Felony Laws

In the United States, a felony is a crime that is punishable by death or more than one year in prison. The federal government defines a felony as a crime punishable by death or imprisonment exceeding one year. The felony–misdemeanor distinction is still widely applied in the US, and felonies are placed into different classes according to their seriousness and potential punishment upon conviction. The number of classifications and the corresponding crimes vary by state and are determined by the legislature, which also determines the maximum punishment allowable for each felony class. For example, Virginia and New York State classify most felonies by number and letter, respectively. The largest difference between state and federal felonies involves jurisdiction, with federal prosecutors and the federal government prosecuting cases involving people charged with federal crimes, and state prosecutors handling defendants who have broken state laws.

Federal vs state felony charges

In the United States, a felony is a serious crime that is punishable by death or more than one year in prison. Federal felony charges usually have more serious penalties than state felony charges, but both can be severe. The main differences between state and federal felonies are jurisdiction, penalties, and the people involved.

Jurisdiction refers to where the incident took place. If a crime is committed on federal property or in more than one state, it will typically be classified as a federal crime. Criminal offenses that occur on federal land are almost always charged and prosecuted federally. Federal offenses are investigated by federal agencies like the DEA, NSA, Border Patrol, or the FBI, while state offenses are investigated by local or state police. Federal offenses are prosecuted by a U.S. attorney, and cases are heard in a United States District Courthouse.

Penalties for federal offenses are often more severe than those given by state courts. Federal convictions usually carry harsher sentences than state convictions, and those sentenced federally are required to serve at least 85% of their sentence, while most states will consider release after 50% of the sentence has been served. Federal law also affords fewer opportunities for plea agreements.

If a felony involves federal officers, the federal government will pursue the case.

It is important to note that each state has its own classification system for felonies, with the number of classifications and corresponding crimes varying. The legislature determines the maximum punishment allowable for each felony class, which avoids the need to define specific sentences for every possible crime. For example, Virginia classifies most felonies numerically, with Class 6 being the least severe (1 to 5 years in prison or up to 12 months in jail) and Class 1 being the most severe (life imprisonment).

State felony laws and jurisdiction

In the United States, a felony is a serious crime that is punishable by death or more than one year in prison. The federal government defines this as a crime punishable by death or imprisonment exceeding one year. If the punishment is exactly one year or less, it is classified as a misdemeanour. The felony–misdemeanour distinction is still widely applied in the US.

The concept of felony originated in English common law, derived from the French medieval word "félonie", to describe an offence resulting in the convicted person's loss of land and goods, along with additional punishments like capital punishment. While felony charges remain serious, concerns of proportionality have prompted legislatures to allow for less serious punishments.

In the US, the jurisdiction of felony laws differs between states and the federal government. Federal prosecutors and the federal government handle cases involving people charged with federal crimes, while each state, like Missouri, prosecutes defendants who have broken state laws. If a crime is committed on federal property or in multiple states, it is often classified as a federal crime. Federal felonies are often considered more serious and carry more severe penalties than state felonies. If a felony involves federal officers, the federal government will pursue the case.

Each state determines the number of felony classifications and the corresponding crimes. For example, Virginia uses a numbered classification system, ranging from Class 6 (least severe) to Class 1 (most severe). Meanwhile, New York State uses a letter-based classification system, with some classes further divided into subclasses. The legislature also typically determines the maximum allowable punishment for each felony class. This approach avoids the need to define specific sentences for every possible crime.

Felony murder rule

The felony murder rule is a legal doctrine in some common law jurisdictions that broadens the crime of murder. When someone is killed (regardless of intent to kill) in the commission of a dangerous or enumerated crime (called a felony in some jurisdictions), the offender, and also the offender's accomplices or co-conspirators, may be found guilty of murder. The rule is often justified as a means of deterring dangerous felonies.

The felony murder rule originates in the rule of transferred intent. In its original form, the malicious intent inherent in the commission of any crime, however trivial, was considered to apply to any consequences of that crime regardless of intent. While there is debate about the original scope of the rule, modern interpretations typically require that the offence be an inherently dangerous one, or one committed in an obviously dangerous manner.

In most jurisdictions, to qualify as an underlying offence for a felony murder charge, the underlying offence must present a foreseeable danger to life, and the link between the offence and the death must not be too remote. For example, if the recipient of a forged check has a fatal allergic reaction to the ink, most courts will not hold the forger guilty of murder, as the cause of death is too remote from the criminal act.

The felony murder rule has been abolished in England and Wales, Northern Ireland, the Republic of Ireland, and the United Kingdom as a whole. In Canada, it has been held to be unconstitutional, as it breaches the principles of fundamental justice. In some jurisdictions, the common-law felony murder rule has been abolished but replaced by a similar statutory provision.

Classification of felonies

In the United States, a felony is a serious crime that is punishable by death or imprisonment of more than one year. The federal government defines this as a crime punishable by death or imprisonment in excess of one year. If the punishment is exactly a year or less, it is classified as a misdemeanour.

The felony–misdemeanour distinction is still widely applied in the US, although in many other parts of the world, such as England and Wales, Ireland, Canada, Australia, and New Zealand, crimes are no longer classified as felonies or misdemeanours.

In the US, felonies are classified into different degrees based on the severity of the offence. The number of classifications and the corresponding crimes vary by state and are determined by the legislature. For example, Virginia classifies most felonies by number, ranging from Class 6 (least severe: 1-5 years in prison or up to 12 months in jail) to Class 1 (life imprisonment). Some states, like New York, classify felonies by letter, with some classes divided into subclasses using Roman numerals.

In Florida, felonies are categorised into five classifications: capital, life, first-degree, second-degree, and third-degree felonies. Capital and life felonies are the most serious crimes in the state, often involving severe harm or loss of life. Examples include kidnapping a child younger than 13 and committing a sex offence. First-degree felonies can result in a prison term of up to 30 years and a fine of not more than $10,000. Second-degree and third-degree felonies carry penalties of up to 15 and 5 years in prison, respectively, and fines not exceeding $10,000 and $5,000, respectively. Non-violent felonies in Florida include crimes such as drug trafficking, theft, and fraud.

Felony punishment and proportionality

In the United States, a felony is a serious crime punishable by death or imprisonment of more than one year. The federal government provides this definition, but individual states have the power to create their own felony laws and penalties. This has resulted in a variety of felony classifications and corresponding punishments across the country.

For example, Virginia uses a numerical system to classify felonies, ranging from Class 6 (least severe) to Class 1 (most severe). The maximum punishment for a Class 6 felony in Virginia is one to five years in prison or up to 12 months in jail. In contrast, a Class 1 felony in Virginia carries a life imprisonment sentence. New York State, on the other hand, employs a letter-based classification system, with subclasses denoted by Roman numerals.

The number of felony classifications and the crimes assigned to each class vary by state and are determined by the state legislature. The legislature also typically determines the maximum punishment for each felony class, allowing for flexibility in sentencing without defining a specific sentence for every conceivable crime. This approach addresses concerns about proportionality, ensuring that the punishment fits the crime.

The felony murder rule, which exists in 46 states as of 2008, is an example of how states have adapted felony laws to their specific needs. Under this rule, when someone is killed during the commission of a felony, the offender and their accomplices can be found guilty of murder, regardless of their intent to kill. In 24 of these states, felony murder is considered a capital offense, carrying the potential for the death penalty. However, the Eighth Amendment has been interpreted to impose limitations on the state's power to impose the death penalty in such cases, requiring the defendant to be a major participant exhibiting extreme indifference to human life.

Frequently asked questions