Most states say that a felony charge is a criminal offense punishable by imprisonment for a term of one year or longer. The most serious felonies, such as murder and rape, can even be punished by life imprisonment or the death penalty in some jurisdictions.
Felonies are more serious than misdemeanors, which are punishable by up to one year in jail.
Examples of felony charges (in addition to murder and rape) include:
- robbery,
- kidnapping, and
- selling or transporting drugs.
The specific penalties that you will face for a felony offense will most often depend on the:
- types of crimes you committed,
- the facts of your case,
- your personal background, and
- your criminal history or criminal record.
Penalties can include:
- a term of imprisonment in jail or prison, and
- costly fines.
Depending on the charge, a judge may have the discretion to award you with felony probation in lieu of a jail or prison sentence.
With regards to getting a felony expunged, note that each state has its own list of criminal records that can be expunged. This means the laws of the state where you received your felony conviction will dictate whether or not you can get an expungement.
1. What is the legal definition of a felony charge?
Under the criminal laws of most states, a felony is a more severe crime than a misdemeanor.1
While misdemeanor charges can result in a jail sentence of up to one year, felony charges are generally punishable by:
- death,
- life in prison, or
- a jail or prison sentence of one year or longer.2
Note that many states have state laws that set forth either:
- various classes of felonies (for example, Class A, B, C, etc.), or
- various degrees of felonies (for example, a first-degree felony, a second-degree felony, etc.).3
These laws impose different sentences for different classes or degrees.
2. What is the difference between a straight felony and a wobbler felony?
Many jurisdictions make a distinction between straight felonies and wobbler felonies.
A straight felony is a crime that can only be charged and sentenced as a felony. It cannot be charged as, or reduced to, a misdemeanor.
Straight felonies are generally more serious crimes than wobbler felonies. Examples of straight felonies may include such violent offenses as:
In contrast, wobbler felonies are crimes that can be charged as either a felony or a misdemeanor, at the prosecutor’s discretion. The facts of the case and your criminal history often determine which type of offense the prosecutor files.
Consider, for example, the crime of larceny or theft under Florida law. If you steal property valued below $750, prosecutors will generally charge you with the misdemeanor offense of petit theft.4
But if you steal property valued at or above $750, prosecutors will generally file felony charges of grand theft.5
A few other examples of crimes that states may treat as wobblers include:
3. How does felony sentencing work?
If you receive a felony conviction, most states say that a judge can impose:
- custody in jail or prison, and
- costly fines.
Depending on the crime, a judge may also award you with felony probation in lieu of a jail or prison sentence.
When it comes to jail and prison sentences, many state statutes set forth the specific types of sentences that a judge can impose.
Consider, for example, the crime of robbery under Nevada law. The Nevada statute on the crime states:
“A person who commits robbery is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years.”6
Here, the statute says that a judge can sentence a person guilty of robbery to a prison term of between 2 and 15 years.
If a statute is silent on a sentence, most jurisdictions have a default statute that will specify the minimum and maximum penalties for an offense.
Many states will conduct a pre-sentence investigation to help a judge determine what sentence to impose from the range of possible sentences set out in a statute.7
The pre-sentence investigation may consider several factors when recommending a term of imprisonment for a felony conviction, including your:
- prior criminal record,
- family situation,
- health,
- work record, and
- any other relevant factors.8
4. Are there other penalties associated with a felony?
There can be, yes. In addition to confinement, fines, and probation, you can face several other consequences upon being convicted of felony charges.
For example, you may lose several civil rights, such as your voting rights and the right to own or possess a gun.9
As to the latter, most states say that a felony conviction subjects people to a lifetime ban from owning or possessing a gun unless you restore your firearm rights. The lifetime ban applies to both state felonies and felonies charged under federal law.10
In addition, convicted felons may have to:
- register as a sex offender, and
- disclose their felony convictions on job applications.
A felony conviction can also mean the forfeiture of your ability to serve:
- on a jury,11 or
- in the Armed Services.12
For non-U.S. citizens, the conviction of a felony could result in your possible deportation.13
5. Can a felon obtain an expungement?
Many felonies cannot be expunged. Each state has its own rules.
Some states allow for the expungement of all or most felony convictions. But other states do not allow felonies to be expunged at all.
Further, certain felonies are almost never eligible for expungement. These generally include:
- murder,
- a violent felony, and
- sex crimes involving children.
Examples of states that say a felony conviction cannot be expunged at all include:
- Nebraska,14 and
- Texas.15
Examples of states that only allow a few select felonies to be expunged include:
- Colorado,16
- California,17 and
- Wisconsin.18
Finally, examples of states that allow you to expunge several different types of felonies include:
- Oregon,19
- Washington,20 and
- Utah.21
Legal References:
- See Black’s Law Dictionary, Sixth Edition – “Felony.”
- See same. See also Model Penal Code 1.04(2).
- See, for example, Arizona Rev. Statute 13-601.
- See Florida Statutes 812.014 (2021).
- See same.
- Nevada Revised Statutes 200.380.
- See American Bar Association website, “How Courts Work,” (2019).
- See same.
- Note that the power of a state to deny the right to vote because of participation in a crime is recognized in the Fourteenth Amendment.
- See, for example, Iowa Statutes 724.26.
- See, for example, United States Courts website, “Juror Qualifications, Exemptions And Excuses.”
- See 10 USC 504(a).
- See generally, 8 U.S. Code 1227.
- Nebraska Rev. Statute 29-2264. See also State v. Coble, (2018) 908 NW 2d 646.
- Texas Government Code 411.073 and 411.0735
- Colorado Rev. Statute 24-72-704 to 24-72-70.
- California Penal Code 1203.425 PC.
- Wisconsin Statute 973.015.
- Oregon Code 137.225.
- Rev. Code of Washington 9.94A.640.
- Utah Code 77-40-105.
