Facing a felony charge is a serious matter, often leading to long-term legal and personal consequences. Whether charged with a violent crime or a non-violent offense, understanding how felony convictions affect your future is crucial. From imprisonment to the loss of civil rights, the impact can be life-altering.
Defining a Felony: More Than Just a Serious Crime
A felony is generally defined as a crime punishable by more than a year of imprisonment. Unlike misdemeanors, which carry lighter penalties, felonies are more severe and often involve crimes like murder, robbery, or drug trafficking. Depending on the nature of the felony and the circumstances surrounding the offense, penalties can range from lengthy prison sentences to life imprisonment or even the death penalty in certain jurisdictions.
Felonies are often categorized into degrees or classes, which help determine the severity of the punishment. For example, Class A felonies usually come with the harshest sentences, while lesser felonies might be charged under Class B or C categories.
What is a Wobbler Offense?
A wobbler offense is a type of crime that can be charged either as a felony or a misdemeanor, depending on the facts of the case and the defendant’s criminal history. Crimes like assault with a deadly weapon, certain theft offenses, and some types of sexual assault are examples of wobblers.
In wobbler cases, the prosecutor has the discretion to determine whether the charge should be a misdemeanor or a felony. This decision is often influenced by the defendant’s previous criminal record and the severity of the offense. The outcome of these cases can vary widely, making it crucial to have proper legal representation to advocate for a reduced charge.
Felony Sentencing and Penalties
Felony sentencing typically involves prison time, but the length of the sentence depends on the specific charge, the defendant's background, and any aggravating factors. Many felonies come with mandatory minimum sentences, while others allow judges to impose penalties based on sentencing guidelines.
In some cases, the court may offer felony probation as an alternative to prison time. This can involve strict conditions, such as regular check-ins with a probation officer, drug testing, community service, and avoiding further legal trouble. Violating probation can result in the original prison sentence being imposed.
Besides imprisonment, felony convictions often come with steep fines. These financial penalties vary depending on the nature of the crime, but they can reach thousands of dollars, adding to the long-term impact of a felony charge.
Life After a Felony Conviction
A felony conviction doesn’t just result in legal penalties; it can also have lasting effects on your rights and freedoms. Felons may lose their right to vote, own firearms, and serve on a jury. In some cases, these rights can be restored, but this process often involves lengthy legal steps, such as petitioning for the restoration of gun ownership rights.
Additionally, a felony conviction can make finding employment difficult, as many job applications require you to disclose any criminal history. Felons may also face restrictions on housing opportunities and professional licenses.
For non-U.S. citizens, a felony conviction could lead to deportation or denial of citizenship, further complicating your legal status and future in the country.
Is Expungement Possible for Felony Convictions?
Expungement is the legal process of sealing or erasing a criminal record. While expungement is possible in some cases, it varies widely by state and the nature of the crime. Certain felonies, particularly violent crimes like murder and sex offenses, are rarely eligible for expungement.
However, for those eligible, expungement can offer a fresh start by removing the felony from public records, improving access to employment and housing. If you are interested in seeking expungement, it’s important to consult an attorney who understands the laws in your state and can guide you through the process.
Facing felony charges can be overwhelming, but with proper legal representation, you can explore your options. For expert legal advice, contact Law Office of Michael L. Fell at (949) 585-9055 today.