WHAT IS A FELONY?

Crime is an act or behaviour which is prohibited by law. The expression “felony” has been derived from the French word ‘felonie’, and its origin can be traced in the English common law. Felony is a crime of grave nature, i.e., a crime that includes physical violence and is punishable either with imprisonment for one or more years or by the death penalty. Though all the crimes are harmful and dangerous for society, a felony tends to be a crime involving physical violence and is considered more harmful to society. However, crimes that do not fall within the ambit of a felony may be considered misdemeanours or citations. There is an authority for saying that in cases of misdemeanour, there may be special circumstances which permit a trial in the absence of the accused, but on trials, for a felony, the rule is unavoidable, unless possibly the violent conduct of the accused himself intended to make trial impossible renders it lawful to continue in his absence. The result is that sentence passed for a felony in the absence of the accused is invalid.

Moreover, there can be two classifications of felonies crime. They are:

• Classification by subject-matter

• Classification by seriousness

Classification of felonies by subject matter:

The felony crimes can either be violent or non-violent; they may contain physical force or may contain the threat of force against the aggrieved. Below-mentioned is some felonies but not limited to that:

• Murder

• Rape

• Aggravated assault or battery

• Fraud

• Abduction

• Tax evasion

• Money laundering

• Perjury

• Forgery

• Sexual assaults

• Extortion

• Dacoity, etc.

Classification by seriousness:

A felony can be determined by the seriousness of the offence committed. The punishment for a felony may is determined by the seriousness and gravity of the crime. It may be one year or more or maybe the death penalty. However, in the English common law, it was punishable either with a death sentence or forfeiture of the property. All or most felonies are placed into one of the various classes according to their seriousness and their potential punishment upon conviction.

Felony is the most serious type of criminal offence that lands the offender for a serious punishment of either imprisonment, which shall not be less than one year or the death penalty. Felonies not only involve crime with serious physical harm to the victim but also includes white-collar crimes like financial scams, etc. However, the offences which are not felonies are said to be misdemeanours. But it can also be turned into felonies when the offender is a habitual offender.