Criminal law
Part of the common law series
Criminal elements
Actus reus · Causation · Concurrence
Mens rea · Intention · Recklessness
Criminal negligence · Ignorantia juris…
Strict, Corporate & Vicarious liability
Crimes against people
Assault · Battery · Robbery
Sexual offences · Pimping · Rape
Kidnapping · Manslaughter · Murder
Crimes against property
Property damage · Arson
Theft · Burglary · Deception
Crimes against justice
Obstruction of justice · Bribery
Perjury · Malfeasance in office
Inchoate offenses
Attempt
Conspiracy · Accessory
Criminal defenses
Automatism, Intoxication & Mistake
Insanity · Diminished responsibility
Duress · Necessity
Provocation · Self defence
Other areas of the common law
Contract law · Tort law · Property law
Wills and trusts · Evidence
Portals: Law · Criminal justice

In common law legal systems, a felony is a very serious crime, often contrasted with a misdemeanor. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Actus reus, sometimes called the external element or the objective element of a crime is the Latin term for the "guilty act" which when proved Causation is the "causal relationship between conduct and result In Western Jurisprudence, concurrence, (or contemporaneity or simultaneity) is the apparent need to prove the simultaneous occurrence In Criminal law, mens rea the Latin term for "guilty mind" is usually one of the necessary elements of a Crime. In the Criminal law, intention is one of the three general classes of Mens rea necessary to constitute a conventional as opposed to In the Criminal law, recklessness (also called unchariness) is one of the four possible classes of mental state constituting Mens rea (the In the Criminal law, criminal negligence is one of the three general classes of Mens rea ( Latin for "guilty mind" element required Ignorantia juris non excusat or Ignorantia legis neminem excusat ( Latin for " Ignorance of the Law does not excuse" In Criminal law, strict liability is liability for which Mens rea ( Latin for "guilty mind" does not have to be proven in relation In the Criminal law, corporate liability determines the extent to which a Corporation as a fictitious person can be liable for the acts and omissions The legal principle of vicarious liability applies to hold one person liable for the actions of another when engaged in some form of joint or collective activity In Criminal law, an offence against the person usually refers to a crime which is committed by direct physical harm or force being applied to another person Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Robbery is the Crime of seizing Property through Violence or Intimidation. A pimp (also called fleshmonger) finds and manages clients for Prostitutes and engages them in Prostitution (in Brothels in most cases and Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment Manslaughter is a legal term for the killing of a human being in a manner considered by law as less culpable than Murder. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Property damage (or in the United Kingdom, criminal damage) is damage to or the destruction of public or private Property, caused either by a In Criminal law, theft (also known as stealing or filching) is the illegal taking of another person's Property without that person's freely-given In English law, the main deception offences are defined in the Theft Act 1968 (TA68 the Theft Act 1978 and the Theft (Amendment Act 1996 The crime of obstruction of justice includes crimes committed by Judges Prosecutors attorneys general, and elected officials in general Bribery, a form of pecuniary corruption is an act usually implying money or gift given that alters the behaviour of the recipient in ways not consistent with the duties of that person Perjury, also known as forswearing, is the act of lying or making verifiably false statements on a material matter under Oath or Affirmation in a Malfeasance in office, or official misconduct, is the commission of an Unlawful act done in an official capacity which affects the performance of official duties Attempt crimes are crimes where the defendant's actions have the form of the actual enaction of the crime itself the actions must go beyond mere preparation In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal For a more detailed discussion of individual topics see Automatism (case law In the Criminal Law, automatism is a defense to liability Intoxication is the state of being affected by one or more psychoactive drugs. A mistake of fact may sometimes offer exculpation (as in Excuse) by allowing a criminal Defendant some relief from liability for having broken the In Criminal trials the insanity defenses are possible defenses by Excuse, an Affirmative defense by which Defendants argue that In Criminal law, diminished responsibility (or diminished capacity) is a potential defense by Excuse by which Defendants argue that For English law on the criminal defence see Duress in English law. In Criminal law, necessity may be either a possible justification or an exculpation for breaking the Law. Also see Provocation in English law. In Criminal law, provocation is a possible defense by excuse or exculpation The right of self-defense (also called alter ego defense, defense of others, defense of a third person) is the right for civilians acting on their A contract is an exchange of promises between two or more parties to do or refrain from doing an act which is enforceable in a court of law Tort law is the name given to a body of law that creates and provides remedies for civil wrongs that do not arise out of Contractual duties Property law is the area of Law that governs the various forms of Ownership in Real property (land as distinct from personal or movable possessions In Common law, a will or testament is a document by which a person (the Testator) regulates the rights of others over his or her Property The law of trusts and estates is generally considered the body of Law which governs the management of personal affairs and the Disposition of Property of The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In the sociological field, crime is the breach of a rule or Law for which some governing authority or force may ultimately prescribe a Punishment A misdemeanor, or misdemeanour, in many common law legal systems is a "lesser" criminal act In the U. S. legal system, this distinction is principally used in criminal law, wherein the Federal government considers a misdemeanor crime punishable with five-days-to-a-year in jail, and a felony crime as minimally punishable with a year in prison; infractions, lesser crimes, are punishable with five-days-or-less jail time, or no jail time. The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential Jail, or gaol (especially in Canada, Australia and NZ[http //www Infraction as a general term means a violation of a rule or Local ordinance or regulation promise or obligation ^[1]

Most common law jurisdictions have abolished the distinction between felony and misdemeanor, (e. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive g. Crimes Act 1958 (Vic., Australia) s. 332B(1), Crimes Act 1900 (NSW., Australia) s. 580E(1)). Such jurisdictions have adopted other classifications, e. g. in Canada, Australia, the Irish Republic, and the U. K. , a crime is either a summary offence or an indictable offence. A summary offense, also known as a petty crime, is a criminal act in some Common law jurisdictions that can be proceeded with summarily without the right In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India,

United States

In the United States, a felony is intended to be the higher category of criminal offenses, as distinct from a misdemeanor, which is intended to be the less serious category of offenses (although some states have done away with the felony/misdemeanor classification; for example, New Jersey designates offenses as first degree through fourth degree. A misdemeanor, or misdemeanour, in many common law legal systems is a "lesser" criminal act New Jersey ( is a state in the Mid-Atlantic and Northeastern regions of the United States. A third degree offense is punishable by six months to eighteen months in jail. A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of Some states also subdivide felonies into "classes", such as Class A through Class J or Class 1 through Class 7 felonies)

What is a felony and who commits one?

Crimes commonly considered to be felonies include, but are not limited to: aggravated assault and/or battery, arson, burglary, illegal drug abuse/sales, embezzlement, grand theft, treason, espionage, racketeering, robbery, murder, rape, kidnapping and fraud. Assault is a Crime of Violence against another person. In some Jurisdictions including Australia and New Zealand, Battery is a term used by the Common law jurisdictions which involves an Injury or other Contact upon the Person of another in a manner likely Drug abuse has a wide range of definitions related to taking a Psychoactive drug or Performance enhancing drug for a non-therapeutic or non-medical effect The illegal drug trade or drug trafficking is a global Black market consisting of the cultivation manufacture distribution and sale of illegal Drugs Embezzlement is the act of dishonestly appropriating or secreting assets usually financial in nature by one or more individuals to whom such assets have been entrusted Grand theft is a Felony Crime in the United States defined as the Theft of objects exceeding a certain monetary value In Law, treason is the Crime that covers some of the more serious acts of disloyalty to one's sovereign or Nation. A racket is an illegal business usually run as part of Organized crime. Robbery is the Crime of seizing Property through Violence or Intimidation. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries Rape, also referred to as Sexual assault, is an Assault by a person involving Sexual intercourse with or Sexual penetration of another person In Criminal law, kidnapping is the taking away or Asportation of a person against the person's will usually to hold the person in False imprisonment In the broadest sense a fraud is a Deception made for personal gain or to damage another individual

Some offenses, though similar in nature, may be felonies or misdemeanors depending on the circumstances. For example, the illegal manufacture, distribution or possession of controlled substances may be a felony, although possession of small amounts may be only a misdemeanor. Possession of a deadly weapon may be generally legal, but carrying the same weapon into a restricted area such as a school may be viewed as a serious offense, regardless of whether or not there is intent to use the weapon.

"The common law divided participants in a felony into four basic categories: (1) first-degree principals, those who actually committed the crime in question; (2) second-degree principals, aiders and abettors present at the scene of the crime; (3) accessories before the fact, aiders and abettors who helped the principal before the basic criminal event took place; and (4) accessories after the fact, persons who helped the principal after the basic criminal event took place. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Abettor (from to abet Old French abeter, á and beter, to bait urge dogs upon any one this word is probably of Scandinavian origin An accessory is a person who assists in the commission of a Crime, but who does not actually participate in the commission of the crime as a joint principal In the course of the 20th century, however, American jurisdictions eliminated the distinction among the first three categories. " Gonzales v. Duenas-Alvarez, 549 U. S. __ (2007) (citations omitted).

In some states, felonies are also classified (class A, B, etc. ) according to their seriousness. In New York State, the classes of felonies are E, D, C, B, A-II, and A-I (the most severe). The number of classifications and the corresponding crimes vary by state and are determined by the legislature. Usually, the legislature also determines the maximum punishment allowable for each felony class; this avoids the necessity of defining specific sentences for every possible crime.

Punishment

A felony may be punishable with imprisonment for one or more years or death in the case of the most serious felonies, such as murder, treason, and espionage; indeed, at common law when the British and American legal systems divorced in 1776, felonies were crimes for which the punishment was either death or forfeiture of property. Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries In Law, treason is the Crime that covers some of the more serious acts of disloyalty to one's sovereign or Nation. Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive Year 1776 ( MDCCLXXVI) was a Leap year starting on Monday (link will display the full calendar of the Gregorian calendar (or a Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. Asset forfeiture is a term used to describe the confiscation of Assets, by the State, which are either (a the proceeds of Crime or (b the instrumentalities Property is any physical or virtual entity that is owned by an individual In modern times, felons can receive punishments which range in severity; from probation, to imprisonment, to execution for premeditated murder or other serious crimes. Probation is the suspension of all or part of a jail sentence the Criminal who is "on probation" has been convicted of a crime but instead of serving jail A prison, penitentiary, or correctional facility is a place in which individuals are physically confined or interned and usually deprived of a range of Capital punishment, the death penalty or execution, is the Killing of a person by judicial process as Punishment. In the United States felons often face additional consequences, such as the loss of voting rights in many states; exclusion from certain lines of work and difficulty in finding a job in others; prohibition from obtaining certain licenses; exclusion from purchase and possession of firearms, ammunition and body armour; and ineligibility to run for or be elected to public office. The United States of America —commonly referred to as the Suffrage (from the Latin suffragium, meaning "voting tablet" and figuratively "right to vote" probably from suffrago "hough" and originally The verb license or grant license means to give permission The noun license is the document demonstrating that permission A firearm is a Tool that projects either single or multiple Projectiles at high velocity through a controlled explosion Ammunition, often referred to as ammo, is a generic term derived from the French language la munition which A ballistic vest is an item of protective clothing that absorbs the impact from gun-fired Projectiles and shrapnel fragments from explosion In addition, some states consider a felony conviction to be grounds for an uncontested divorce. Divorce or dissolution of marriage is the termination of a Marriage. These, among other losses of privileges not included explicitly in sentencing, are known as collateral consequences of criminal charges. Collateral consequences of criminal charges, known as the " Four C's " in legal parlance, are the results of Arrest, Prosecution or conviction Finally if a felon is not a U. S. citizen, that person may be subject to deportation after sentencing is complete. Deportation, not to be confused with Extradition, generally means the expulsion of someone from a place or Country.

Civil sanctions imposed on United States citizens convicted of a felony in many states include the loss of competence to serve on a grand or petit jury or to vote in elections even after release from prison. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them While controversial, these disabilities are explicitly sanctioned by the Fourteenth Amendment to the United States Constitution, a Reconstruction-era amendment that deals with permissible state regulation of voting rights. The Fourteenth Amendment ( Amendment XIV) to the United States Constitution is one of the post- Civil War Reconstruction Amendments, first

Expungement

For state law convictions, expungement is determined by the law of the state. Few states do not allow expungement, regardless of the offense.

Federal law does not have any provisions for persons convicted of felonies in a federal United States district court to apply to have their record expunged. The United States district courts are the general Trial courts of the United States federal court system. In the Common law legal system, an expungement proceeding is a type of Lawsuit in which the subject of a prior criminal investigation or proceeding The only relief that an individual prosecuted in Federal Court may receive is a Presidential Pardon, which does not expunge the conviction, but rather grants relief from the civil disabilities that stem from it

See also

• Three Strikes Law
• Misprision of felony
• Compounding a felony
• Felony murder
• Record sealing

References

1. ^ 18 USC 3559. Misprision of felony was an offence under the Common law of England and was classified as a Misdemeanour. Compounding a felony was an offence under the Common law of England and was classified as a Misdemeanour. Record sealing is the practice of sealing or in some cases destroying court records that would otherwise be publicly accessible as Public records The term is derived from