A felony is a type of serious crime. Most crimes are classified as either misdemeanors or felonies. A felony conviction can carry increased penalties and have collateral consequences beyond jail time. If you are convicted of certain types of felonies, the conviction may stay on your criminal record for the rest of your life.
What Types Of Charges Are Felonies?
In Alabama, felony charges are further classified as Class A, B, C, and D. Class A felonies are the most serious, and Class D felonies are the least serious.
Some of the most common examples of crimes resulting in felony charges are:
- Murder and manslaughter
- Rape
- Kidnapping
- First-degree assault
- Robbery
- First-degree stalking
- Credit card fraud
- Possession or distribution of illegal drugs
- Theft over $500
If you have been charged with a felony, you should consult with an attorney. Even if you are facing a less severe felony charge, the impact of a felony conviction can be lifelong.
What Is The Difference Between A Misdemeanor And A Felony?
The main difference between a misdemeanor and a felony charge is the penalty. Most misdemeanors are punishable by a maximum of up to a year in jail. However, many people who are convicted of misdemeanors won’t spend any time in jail.
On the other hand, felony convictions can carry many years and up to life in prison. If you are convicted of a felony, you are less likely to get away without spending time incarcerated. Furthermore, you are more likely to have greater fines and a permanent criminal record.
What Are The Penalties For A Felony Conviction?
In Alabama, the penalties for a felony depend on the classification. Penalties may include:
- Fines
- A prison sentence
- Probation
- Community service
- Substance abuse or therapeutic treatment programs
Alabama follows sentencing guidelines that recommend a sentence based on several factors specific to the case and the defendant. The judge may choose to sentence within the guidelines or depart from them in extreme cases.
Class A Felonies
The penalty for a Class A felony includes a mandatory minimum 10-year prison sentence of up to life in prison. If the charge involved a deadly weapon or a child sex offense, there is a 20-year mandatory minimum. Additionally, the defendant could receive a fine of up to $60,000.
Class B Felonies
The penalty for a Class B felony is a mandatory minimum 2-year prison sentence of up to 20 years. Furthermore, there is a potential $30,000 fine.
Class C Felonies
Class C felonies carry a mandatory minimum jail sentence of one year and one day up to 10 years. If the crime involved a deadly weapon, then there is a 10-year mandatory minimum. Additionally, there is a maximum $15,000 fine.
Class D Felonies
A Class D felony carries a potential sentence of up to 5 years in prison, with certain cases having a mandatory minimum of one year and one day. However, the maximum fine is only $7,500.
Collateral Consequences Of A Felony Conviction
In addition to prison time, fines, and other court-ordered consequences, convicted felons face many collateral consequences for a conviction. The impact of a felony criminal record is far-reaching and can significantly alter the course of someone’s life, even long after serving a criminal sentence.
Some of the most common collateral consequences are:
- Ineligibility for certain types of employment
- Permanent criminal record
- Loss of the right to vote
- Loss of professional license
- Loss of student loans
- Disqualification of government benefits
- Loss of housing
- Social stigma
- Strained relationship with children or family
- Loss of the right to own or possess a firearm
- Deportation or loss of lawful status
If you are facing a felony conviction, you need to discuss these potential consequences with your attorney, especially if you are considering accepting a plea deal. For some, these consequences are far worse than serving jail time and being sent home without a felony conviction on their record.
Are There Defenses To Felony Charges?
The defenses depend on the type of charge and the evidence against you. Some of the most common felony defenses are:
- Self-defense
- Defense of property or others
- Entrapment
- Alibi
- Mistaken identity
- Insufficient evidence
- Lack of intent
- Consent
- Necessity
- Insanity
- Procedural or technical defenses
- Constitutional violations
Ultimately, the prosecution must prove their case against you beyond a reasonable doubt. You aren’t obligated to produce any evidence in your felony case. If they don’t have enough evidence, you will not be convicted of the crime.
You could have one or multiple defenses available in your case. Contact a criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. today at (205) 930-9800, as they can help you decide which defenses are the strongest and most likely to prevail at trial. Even if you have a partial defense, it could result in a reduction or dismissal of the charges.