I've been charged with a class D felony. What does that mean?

States categorize felonies based on their severity and this categorization determines sentencing and other penalties. Felony categorization or classification is determined by the maximum sentence under the law although laws do leave courts with discretion when actually imposing a sentence. State laws vary by the elements that constitute a felony as well as how certain offenses are classified.

Class D Felony Crimes

In certain jurisdictions, a Class D felony is the least severe felony class that usually incurs only two to seven years in jail. However, maximum sentences may be enhanced where the crime instituted violence against another (usually called "aggravated"). Conversely, a minimum sentence may be reduced for mitigating circumstances. A court has the discretion to not only consider the nature of the crime but the offender's character and criminal history.

Fines for Class D felonies range from $500 to $7,500 or, in some instances, twice the amount of the defendant's monetary gain from the commission of his or her crime.

Types of Class D Felonies

Class D felonies may include the following crimes:

• Theft (depending on the value of items stolen)
• Fraud
• Driving under the influence
• Vehicular homicide
• Prohibited use of a weapon
• Criminal sale of a controlled substance
• Criminal possession of a controlled substance

Class D felonies may be aggravated under the following circumstances (in these cases, penalties will be enhanced):

• Class D felony domestic violence
• Attempt to commit a Class C felony
• Prior conviction of a violent offense
• Prior non-violent felony conviction

Individuals convicted of Class D felony offenses may have to perform community service or participate in an alternative drug treatment programs. Additionally, they may be mandated to provide restitution to the injured party.

Because Class D felonies may incur actual jail time, you should consult with an experienced attorney to defend against possible prosecution and/or conviction.