Class B Felony

In the United States, a felony is a more serious crime than a misdemeanor. Under federal law, a felony is defined as a crime punishable by death or more than one year of imprisonment. Each state has its own criminal law code. Some states use a classification system to differentiate between felonies. For those states that use a letter classification system, they may include class A, B, C and other felonies. Thus, a class B felony is a subset classification.

Because the definition and crimes included under class B felony vary by jurisdiction, consult local penal code sections for state specific information. Penalties can be anywhere from one year to life in prison, depending on the crime charged, enhancements and any mitigating circumstances. Several states additionally levy fines for class B felonies.

Class B Felony Sentencing and Penalties

The penalty for a class B felony will depend on whether the accused has any prior convictions and special circumstances surrounding the incident that led to the charge. Situations that commonly trigger enhancements, which can increase penalties, include:

• Use of a deadly weapon
• Sex crimes involving children
• Gang crimes
• and, Hate crimes

In a given state, for example, the penalty for a class B felony may be up to 60 years in prison; however, repeat offenders can face increased terms of up to two years if they have a prior misdemeanor, and up to six years for a prior felony. Thus, having a class B felony on your record will increase the consequences in the event of future convictions. Many states now have "three strikes" laws, which further amplify the effects of multiple felony convictions.

State Class B Felony Laws

These are the following states that use a Class B Felony classification:

Indiana: Class B felony is used to classify the third most serious crimes such as child molestation, sexual crimes. Sentencing is usually inbetween 6-20 years with certain crimes that have only a 5 year statute of limitations
Missouri: Class B Felony convictions have sentencing on average of 5-15 years, and include classifying crimes such as manslaughter, first degree robbery,  assault, and rape, and drug possession.
Oregon: Class B felonies are the second most serious felony class in Oregon and can be used to classify extreme DUI cases, but are also used for crimes such as theft, manslaughter, and drug related offenses. Sentencing is usually a minimum of 10 years.
New York: In NY State, a Class B Felony is typically used to classify manslaughter cases, sex offense crimes, theft/burglary/robbery. Sentencing is from 25 years in prison to life, with an average fine of $30,000 per offense
Washington: a Class B Felony conviction is the 2nd most serious felony, and classifies most major crimes besides murder. Sentencing is a minimum of 10 years in prison and fines of $20,000

Expungement Rules

Most states do not allow expungement of class B felony records, so once you have one on your record; it is generally there to stay.

Also, because most employers demand that you disclose felony convictions, they often limit future employment options.

Crimes that are Considered Class B Felonies

While crimes constituting class B felonies vary by jurisdiction, this class may include (but is not limited to):

• Manslaughter – killing a human being in a manner less culpable than murder.
• Attempt of a class A felony – attempt of a class A (more serious) felony, without completion.
• Robbery – stealing property through force or intimidation.
• Arson – intentionally setting fire to a building or wildlife area.
• Drug possession or delivery – possessing, selling or delivering illegal narcotics.
• Aggravated sexual assault – a crime of a violent and sexual nature committed against another.

These definitions are general, and state law should be researched in handling specific cases.

Help from a Lawyer

Because class B felony charges likely carry severe penalties impacting freedom and future, seeking the assistance of a criminal defense attorney is advised. A lawyer will understand how best to manage a class B felony case and can offer advice on defenses as well as the potential for penalty reduction. A criminal defenses attorney is in the best position to determine the smartest strategy for handling individual cases and will advise clients of all options.