The most severe category of criminal offenses is a felony. The sentences are typically served in a federal or state prison rather than a county jail. They are typically characterized as offenses carrying a penalty of detention of more than one year. Felons include, among others, murder, rape, burglary, kidnapping, and arson.<\/p>\n
Felons are those who have been found guilty of a felony. Repeat offenders face more severe punishments since sentencing guidelines consider their criminal history.<\/p>\n
What Sets Felonies Apart From Other Crime Types?<\/b><\/h2>\n
Misdemeanors and violations are the two other basic kinds of crimes in addition to felonies. Offenses with a maximum penalty of less than one year are classified as misdemeanors. Shoplifting, trespassing, and simple assault are common examples. Misdemeanor convictions frequently result in monetary fines or community service requirements rather than jail time for those found guilty.<\/p>\n
Infractions are minor criminal offenses and typically have zero to a few days’ potential jail time. Some examples include most traffic infractions and littering.<\/p>\n
The way that different states classify their crimes varies.<\/p>\n
How Indiana’s Felony Sentencing Process Works<\/b><\/h2>\n
The advisory sentence serves as an initial stage for imposing criminal punishment. After considering several variables, including the defendant’s criminal history, personality traits, and the specifics of the offense, judges may choose to impose a sentence higher or lower than the advisory sentence.<\/p>\n
Aggravating and mitigating circumstances<\/b><\/h3>\n
Having a violent criminal record, a lengthy criminal past, picking a weak target or breaking a court order while committing the crime are aggravating elements that support an extended sentence or jail time (such as restraining order or probation condition). The judge might consider postponing the sentence or assigning a reduced prison term if mitigating circumstances are present, such as the defendant’s youth, immaturity, or amenability to treatment.<\/p>\n
Fixed Sentence: Executed or Suspended<\/b><\/h3>\n
The judge will impose a fixed sentence period based on the offense’s degree after considering these facts and hearing testimony from both parties and victims. For example, a judge may decide that aggravating circumstances warrant a sentence higher than the 6-year advisory penalty and impose an 8-year jail term on a defendant found guilty of a Level 4 felony.<\/p>\n
The judge must also state whether or not the punishment will be carried out immediately. If a sentence is carried out, the offender will be imprisoned. A defendant who receives a suspended sentence must adhere to probation, a community corrections program, or a community transition program to serve it (at least in part) in the community. The court may decide to commute the sentence’s beginning or ending (before or after prison).<\/p>\n<\/div>
Charged with a Felony? Call our Felony Attorney in Elkhart, IN, Now!<\/b><\/h2><\/h2><\/div>Call our Elkhart county law firm today if you or a loved one has been charged with a felony and need legal representation. Schedule an appointment to discuss your case, and determine the best course of action for you moving forward. Multiple factors are at play when someone is charged with a felony, and a skilled lawyer may help you find the best solution for your situation. Don’t delay\u2013call us today!<\/p>\n<\/div>
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