Federal Law Breaking: Felony Or Misdemeanor?

In the United States, a federal crime is an act that is made illegal by federal legislation and is prosecuted under federal criminal law. A felony is a crime punishable by death or imprisonment of more than one year. The federal government defines a felony as a crime punishable by death or imprisonment of more than one year, while misdemeanours carry a sentence of one year or less. So, breaking a federal law can be a felony, depending on the nature and severity of the crime committed.

Federal crimes vs. state crimes

Federal crimes are violations of the U.S. Constitution and always supersede state law. A federal crime is an act that is made illegal by U.S. federal legislation enacted by both the United States Senate and House of Representatives and signed into law by the president. Federal courts were created under the United States Constitution and have jurisdiction over criminal cases brought by the federal government against a defendant.

State crimes, on the other hand, are those that break state law and cover the majority of crimes. State courts are created under state statutes, and the state brings charges against the defendant. The jurisdiction of state courts is broad, covering everything from minor traffic violations to serious felonies. Most cases involving citizens are tried in state courts.

Some factors that make a crime a federal offense are:

• The criminal activity occurs in multiple states
• The crime happened on federal property
• A specific federal law was violated
• The crime involves citizens from different states

The federal courts may take a case where state law goes against constitutional law. The supremacy clause, which is outlined in the Constitution, states that federal law will always take precedence over state law.

When state and federal laws don't align, the general idea is that the federal government doesn't have jurisdiction within state borders. However, the federal government can interfere and decide to convict someone of a federal crime.

A common example of this is the legalization of marijuana. Some states allow the use of medicinal or recreational marijuana, but the federal government has it listed as a Schedule 1 controlled substance, making it federally illegal.

The difference between state and federal crimes boils down to where the court proceedings will occur (jurisdiction). For a state crime, the court will be held in the city or county where the crime was committed. For a federal crime, there are three levels to the court system: district court, court of appeals, and the Supreme Court.

Most crimes are state crimes and are tried in state courts, which handle the vast majority of criminal cases. Federal crimes fall under fewer classes or classifications since they must involve a national or federal interest, as in counterfeiting.

While most crimes, such as robbery, are state crimes, robbery can occasionally be a federal crime—for example, when a federal bank is robbed and its deposits are insured by a federal agency. Crimes committed on federal property, such as national parks or Native American reservations, are also considered federal crimes.

Federal crimes also include identity theft, using the U.S. postal system to defraud people, and drug trafficking, which includes transporting illegal drugs across state lines.

Felony classifications

In the United States, a felony is typically considered a serious crime punishable by death or imprisonment of more than one year. If the punishment is exactly one year or less, it is classified as a misdemeanour. The classification is based on the potential sentence, so a crime remains a felony even if the defendant receives a sentence of one year or less.

Felonies are further classified by the amount of incarceration time in prison imposed by a judge. These classifications vary by state, but they typically follow a similar structure, with Class A felonies being the most severe and Class E or lower felonies being the least severe.

Class A Felony

This is the most severe felony classification, typically carrying a prison sentence of ten years or more, up to life imprisonment, or even the death penalty in some states.

Class B Felony

This felony class carries a prison sentence of between five and fifteen years.

Class C Felony

Offenders convicted of a Class C felony can expect a prison term of between three and ten years.

Class D Felony

A Class D felony is punishable by up to seven years in prison.

Class E Felony

The lowest level of felony, a Class E felony, carries a prison sentence of up to four years.

It is important to note that the specific punishments and classifications may vary depending on the state and the nature of the crime. Additionally, some states use different terminology or a hybrid approach to classify felonies.

Mandatory minimums

In the United States, a felony is a crime punishable by death or imprisonment of more than one year. Mandatory minimums are legal provisions in each state and the federal government that require a specific minimum prison term for certain crimes, regardless of individual circumstances. They are determined by lawmakers rather than judges and are considered a uniquely American approach to sentencing.

The use of mandatory minimums effectively vests prosecutors with powerful sentencing discretion. Studies have shown that Black people receive mandatory minimum sentences more frequently than whites and that people of colour are disproportionately impacted by these laws. Mandatory minimums have also been criticised for contributing to prison overcrowding, exacerbating unsanitary and dangerous living conditions, and hindering rehabilitation.

While some states and the federal government have made efforts to reduce or eliminate mandatory minimums, particularly for nonviolent and drug offences, these reforms have been sporadic and insufficient to significantly reduce the prison population.

Federal agencies and prosecution

In the United States, a federal crime is an act that is made illegal by US federal legislation enacted by both the United States Senate and House of Representatives and signed into law by the President. Federal crimes are prosecuted at both the federal and state levels, with the former being handled by the US Attorney's office within each federal jurisdiction.

Numerous federal agencies have been granted the power to investigate federal offenses, including the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); the Drug Enforcement Administration (DEA); the Federal Bureau of Investigation (FBI); the US Immigration and Customs Enforcement; the Internal Revenue Service (IRS); and the Secret Service.

The Department of Justice (DOJ) oversees all criminal investigations and prosecutions for federal crimes and can exercise its authority to become the lead prosecutor in any local or state case where federal laws have been violated. The DOJ also contains many investigative units covering a wide range of federal offenses.

The High Technology Investigative Unit (HTIU), for example, is an investigative office within the DOJ that serves as its lead computer forensics investigation arm. The HTIU lends major support to a variety of high-tech crimes, including child pornography, identity theft, and white-collar crimes. It also assists other agencies, such as the Department of Homeland Security, the Secret Service, and the IRS, in their investigations.

The DOJ's investigative units cover a wide range of federal offenses, including:

• Drug and child sex-related offenses, where mandatory minimum sentences can be enforced.
• Tax evasion and possession of banned weapons, which are criminalized in Title 26 of the United States Code.
• Mail fraud, aircraft hijacking, carjacking, kidnapping, bank robbery, credit card fraud, identity theft, computer crimes, federal hate crimes, animal cruelty, violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), obscenity, counterfeiting, violations of the Espionage Act, illegal wiretapping, art theft from a museum, damaging or destroying public mailboxes, electoral fraud, and immigration offenses.
• Assassination or attempted assassination of the President or Vice President.

Prosecution guidelines are established by the United States Attorney in each federal judicial district and by laws that Congress has already established.

In the US, a felony is defined as a crime punishable by death or imprisonment of more than one year. If punishable by one year or less, it is classified as a misdemeanor. The classification is based on the potential sentence, so a crime remains a felony even if the convicted person receives a sentence of one year or less.

The US felony–misdemeanor distinction is still widely applied, but in many common law jurisdictions, crimes are no longer classified as felonies or misdemeanors but as indictable or summary offenses.

The right to vote after a felony conviction

In the United States, a felony is defined as a crime punishable by death or imprisonment of more than one year. The consequences of a felony conviction extend beyond incarceration, and one of the most significant implications is the loss of voting rights. The right to vote is a fundamental aspect of democratic participation, and the impact of felony disenfranchisement varies across states.

As of 2024, people convicted of a felony in Maine, Vermont, and Washington, D.C., retained their right to vote even while incarcerated. This stands in contrast to 38 other states, where individuals with felony convictions were unable to vote during their incarceration but automatically regained voting rights upon release or at some point thereafter. However, ten states did not automatically restore voting rights, leaving it to the governor's discretion to restore voting rights through individual pardons.

The issue of voting rights for individuals with felony convictions has been a subject of debate. Proponents of automatic restoration argue that felony disenfranchisement disproportionately affects Black and Brown communities and sends the message that the voices of individuals returning to their communities do not matter. On the other hand, opponents argue that individuals who commit felonies have shown a disregard for the laws of the land and should not have a hand in creating those laws.

The loss of voting rights due to felony convictions has a significant impact on the affected individuals and their communities. As of 2022, an estimated 4.6 million people with felony convictions were unable to vote in the United States, amounting to approximately two percent of the total voting-age population. This includes a disproportionate number of African Americans, with one in 16 African Americans of voting age being disenfranchised, 3.7 times the rate of non-African Americans.

The restoration of voting rights to individuals with felony convictions has been addressed through legislation and executive actions in recent years. Since 2020, nine states have passed laws to expedite the restoration of voting rights, and California approved a ballot measure to grant voting rights to individuals on state parole. Additionally, governors in Iowa and Virginia took executive actions related to the restoration of voting rights. These actions reflect a recognition of the importance of democratic participation and the reintegration of individuals with felony convictions into their communities.

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