Friday, September 1, 2023

From felonies.org: 14 of the Most Common Felonies

- Click here for the list.

How many have you violated? Or, how many have you been victims of? 

1. Drug Abuse Crimes
2. Arson
3. Aggravated Assault
4. Disorderly Conduct
5. Supplying Alcohol to Minors
6. Violent Crimes
7. Burglary
8. Robbery
9. Vandalism
10. Weapons Crimes
11. Fraud
12. Domestic Violence
13. Grand Theft Auto
14. Counterfeiting and Forgery


Here's detail on the ones I think you (students) are most likely to have problems with:  

Drug Abuse Crimes

Being found guilty of a felony drug charge usually results in a prison sentence of longer than a year, as well as a hefty fine. When differentiating a felony drug crime with a misdemeanor drug crime, the answers to the following questions will lead you to the answer:

- What quantity of drugs?
- What kind of drugs?
- Were the drugs being trafficked, sold, or distributed?

If you are found in possession of a small amount of a drug, you will likely not face a felony charge. However, if found with a large quantity of an illegal substance, or even a small quantity of a harder drug, a felony charge is in play.

The severity of the drug in question is classified under a “schedule.” A Schedule I drug is deemed to be highly dangerous with little medical potential and calls for the harshest penalties, including felony charges. Conversely, a Schedule V drug is seen as the least menacing, and possession is likely to result in a misdemeanor.

The punishment for first-time drug charges will typically range from one to three years in jail and a fine that can range from as little as $500 to as much as a few thousand dollars. Someone who is being charged for a drug crime they’ve already committed in the past can face up to 15 years in jail and equally exponential fines.


Disorderly Conduct

Most often, disorderly conduct results in a misdemeanor charge. However, there are cases where disorderly conduct can be escalated to a felony. An example of a felony form of disorderly conduct is falsely reporting a fire.

State laws vary widely in what is considered disorderly conduct and the appropriate punishments. For a felony charge, the perpetrator can expect up to a year, or even longer in jail along with fines that can top $1000.

Supplying Alcohol to Minors

While typically, providing alcohol to minors is a misdemeanor offense, there are times when it can result in severe felony charges. For example, a felony occurs if serious injury or death occurs as a result of supplying alcohol to minors. The punishment for this type of crime is a jail sentence of one year or more, and a significant fine that can range up to tens of thousands of dollars.

Vandalism

The broad definition of vandalism is willfully causing physical damage to someone else’s property. There are many different forms of vandalism, and some are classified as misdemeanors, while others are serious felonies. Misdemeanor offenses are punished with penalties of up to a year in jail with fines tacked on. But vandalism that results in severe destruction of a valuable piece of property is considered a felony crime.

The penalties for vandalism are unique as they encompass many different aspects. Pay Fines—Fines will vary depending on the level of charges, prior history of the perpetrator, and state law.

Restitution to the Owner—In addition to fines, restitution means the perpetrator must pay back the owner of the property for the value of the damage caused. 
Jail Time—Jail sentences may range from a few days to a few years, depending on the context of the crime.
Community Service Hours—A court will often assign community service hours as part of the punishment for both minor and major vandalism crimes.
Probation—If the crime is minor, being put on probation may be the only punishment. However, with felony vandalism, probation may be added on top of the rest of the sentences.

Domestic Violence

Domestic violence is a crime that involves abuse among members of the same household. Domestic violence can vary by state but usually refers to violence between a husband and wife, a parent and their child, a boyfriend and girlfriend, or between roommates.

The act of domestic violence is an abhorrent crime, but it can be classified as both a felony and a misdemeanor. Acts of domestic violence that can be classified as misdemeanors include verbal abuse, two adults fighting with each other, or threats of violence.

Domestic violence is considered a felony in the following situations:
Abuse of a minor.
Violence with a deadly weapon.
Sexual abuse.
Battery that results in acute bodily injuries or death.

The punishment for domestic violence will, of course, be much more severe for a felony conviction. In California, for example, a felony charge means going to state prison, rather than a county jail and for a much longer sentence of two to four years.

Counterfeiting and Forgery

While most crimes vary by state considering what constitutes a felony and what constitutes a misdemeanor, forgery is considered a felony across all 50 states. Forgery first and foremost involves writing, and the writing must be of legal substance to be considered forgery. To be regarded as a legal substance, the document must, in some way, affect a person’s legal rights.

The following qualification of forgery is that a person has either made, used, altered, or possessed this form of false writing. The last requirement is the intent to defraud. A simple example of forgery is forging someone else’s signature on a legal document.

Common types of forgery prohibited by federal law include:
Identity theft.
Forging immigration
Forging military discharge documents.
Counterfeiting money.

Forgery becomes counterfeiting most commonly when it involves currency. Counterfeiting can be a crime when knowingly distributing counterfeit money or by possessing the tools used to create counterfeit money. Counterfeiting can also involve non-monetary fraud, such as forging documents from a federal court, forging a federal agency’s seal, or forging postal stamps.

The penalties for counterfeiting are severe. Federal law would allow for up to 25 years in jail and fines for $250,000 or more if the financial gain was by more than just the defendant. When this occurs, fines can be doubled.

Forgery, while considered a felony in all 50 states, can also be seen as a misdemeanor depending on the action taking place. For a misdemeanor, a state may sentence the defendant to restitution, fines, and probation, in addition to potentially one year in jail. When felony charges are passed down, perpetrators can expect multiple years in prison and fines ranging up to $125,000 depending on the state and the charge.


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What is an infraction? 

In general, infractions are the least serious type of crime. An infraction is a violation of a rule, ordinance, or law. In most jurisdictions, there is no jail time associated with an infraction and it will not appear on a criminal record. Typically, payment of a fine or community service will be the only punishment. However, federal criminal law classifies an infraction as a crime with a jail sentence of not more than five days. Traffic tickets are examples of an infraction, but other offenses may also be categorized as infractions, such as trespassing, littering, disorderly conduct, and other petty offenses.

Infractions usually involve little to no time in court (much less jail). However, infractions can turn into more serious crimes if left unaddressed or unpaid. It is not uncommon that an infraction has different classes (e.g., moving violations, non-moving violations, and other petty offenses). The law typically provides for an increasing range of fines and potential penalties for the different classes within the infraction category.

 

What is a felony?

A felony is traditionally considered a crime of high seriousness, whereas a misdemeanour is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added; other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.


What is a misdemeanor?

A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than administrative infractions (also known as minor, petty, or summary offences) and regulatory offences. Typically, misdemeanors are punished with monetary fines or community service.


For more, click here

Criminal Code: 
- Title 18 of the United States Code.
- Texas Penal Code.