A person may be charged with a felony based on their criminal history, instead of because of the seriousness of the crime. For example, a person may be charged with a felony for a petty theft that would otherwise be charged as a misdemeanor because they have a prior conviction.
Similarly, possession of a small amount of drugs could be charged as a felony in certain circumstances. This distinction is important, because it matters what type of felonies you have. However, if your three felonies are not for serious or violent offenses, then you will not face the same consequences. Having three felony convictions is a hard situation, because it will most likely result in a more harsh sentence than what you would receive with lesser charges, such as a misdemeanor.
Violations of conditions. Violating a condition of parole or supervised release can land a person back in prison to serve out the remainder of the sentence. In addition to the potential loss of liberty, a felony conviction can be very expensive. Convictions of many crimes require payment of fines—money that goes to state and local governments.
A judge usually orders a felon to also pay restitution, which is money paid to the victim of a crime or to a state restitution fund to help crime victims pay for losses or expenses related to the crime. If a person is placed on probation, the offender usually pays the related supervision costs, such as fees for drug or alcohol testing, costs for electronic monitoring, or anything else required to successfully complete probation.
And on top of all that, felonies often come with court fees or surcharges. After completing a felony sentence, the person ends up with a criminal record, which can have long-lasting effects on a person's future, impacting employment, immigration status , housing, and civil rights. These secondary effects are often referred to as "collateral consequences. Felony record. State law often restricts persons convicted of certain crimes from working in particular professions or obtaining a professional license, like a general contractor or cosmetology license.
A felony conviction can affect housing options as well—sometimes making an individual and family no longer eligible for federal housing. Those convicted of sexual offenses can face severe restrictions on where they may live and usually must register as a sex offender in each place they live or visit. Some states restrict the civil rights of felons by barring them from voting, serving on juries, or possessing firearms. A felony conviction can also have immigration consequences, affecting a person's legal status in the country and ability to remain in the United States.
A state's expungement laws might help lessen the negative impact of a criminal record. Expungement laws allow a former offender to petition apply to seal or hide a criminal record from public view. Generally, a person must complete the felony sentence and remain crime-free for a period of time before seeking an expungement. Given the serious and lasting consequences of a felony conviction, it's important to talk to a lawyer if you've been charged with a felony.
If you have been convicted of a third felony, the time and bases for appeal are limited. Make sure you have an attorney with significant experience in criminal appeals to appeal your case for you. Call us at , or reach out online to learn how we can handle your Texas or Federal Writ of Habeas Corpus. Capital felonies are capital murder offenses murders with certain aggravating circumstances. First-degree felonies include murder, human trafficking resulting in death or when the person is under eighteen, aggravated kidnapping, aggravated assault, and continuous sexual abuse of a child.
Second-degree felonies include murder, manslaughter, sexual assault, burglary. Third-degree felonies include kidnapping, smuggling of persons, and terroristic threats. Other offenses may be charged as felonies, but those felonies are considered state jail felonies. Any offense punishable by death or imprisonment for more than one year is called a felony.
Felonies are the most serious crimes. The prosecutors and the courts handle felony cases differently from misdemeanor cases cases that have shorter possible sentences.
This part of the handbook is intended to explain the way a felony case moves through the court system. Each step is explained in the sections below. Witnesses are not needed at every step in the process. Most witnesses are asked to come to court only for a preliminary hearing, a grand jury hearing, a witness conference, or a trial.
Not every step is taken in every case. In fact, many cases end before they reach trial. Even so, you may wish to know all the steps that the case in which you are involved might go through.
Some felony cases begin when the United States Attorney or usually an Assistant United States Attorney , working with a law enforcement officer, files a criminal complaint before a United States Magistrate. This complaint is a statement, under oath, of facts sufficient to support probable cause to believe that an offense against the laws of the United States has been committed by a defendant.
If the Magistrate accepts the complaint, a summons or arrest warrant will be issued for the defendant. In some cases, the defendant may have been arrested without a warrant, in which case the defendant is presented to the Magistrate at the time the complaint is filed. Victims and witnesses of federal offenses may be interviewed by a law enforcement officer before the filing of a complaint. In those situations, the law enforcement officer will report the statements of the victim or witness to the Assistant United States Attorney assigned to the case.
Sometimes the Assistant United States Attorney may wish to interview the witness in person. This is a defendant's first hearing after arrest. It takes place before a United States Magistrate, usually the same day the defendant is arrested.
Witnesses are not needed for testimony at this hearing. The hearing has three purposes. First, the defendant is told his or her rights and the charges are explained.
Second, the defendant is assisted in making arrangements for legal representation, by appointment of an attorney by the court, if necessary. Third, the court determines if the defendant can be safely released on bail. Many defendants charged with a felony are released at the end of this hearing - either they have posted money to guarantee their return for trial and other hearings, or they have been released on conditions which include their promise to return for future hearings or the trial.
Those conditions may include the requirement that they not personally contact witnesses in the case. In some cases, the defendant will be detained without bail. The purpose of this hearing is to determine whether there is evidence to find probable cause to believe that the defendant has committed the offense charged.
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