Felonies are categorized by the relative seriousness of the offense. For sentencing purposes, felonies are divided into classes or categories. The classification of a crime as a felony is based upon the maximum sentence provided by law, not by what a court actually imposes. Each state has their own criminal codes and the element of a particular crime can vary as can the sentencing classification.
Penalties and Sentencing for Class D Felony Crimes
In some states, a Class D felony is the lowest felony class, however, the State of New York categorizes this as a Class E felony. The sentence for a Class D felony offense is usually two to seven years. The minimum and maximum sentence can be enhanced for any crime of a violent nature or one with aggravated circumstances. It can also be reduced for mitigating circumstances. When determining a sentence, the court takes into account the nature of the crime and the character and history of the offender. Juvenile offenders could face up to four years in prison for a Class D felony.
The fines can range anywhere from $500 to $7,500 or double the amount of the defendants gain from the commission of the crime.
Types of Class D Felonies
The most common types of a class D felony includes:
- Fraud (various types which may include passing a bad check)
- Felony drunk driving
- Felony vehicular homicide
- Theft (this may depend on the value amount of items stolen)
- Possession of a stolen vehicle or auto parts
- Prohibited use of a weapon
- Criminal sale of a controlled substance
- Criminal possession of a controlled substance
- Promoting an obscene sexual performance by a child
- Criminal possession of a weapon
- Criminal sale of a weapon
- Criminal sale of a firearm with the aid of a minor
- Manufacture, transport, and disposition of weapons
Class D felony enhancements may include the following, which will lengthen the term of imprisonment:
- Individuals convicted of Class D felony domestic violence
- An attempt to commit a Class C felony
- A prior conviction of a violent offense
- A persistent violent offender having two or more violent felony convictions
- A prior non-violent felony conviction
In addition to jail time and probation, an individual convicted of felony charges may also be required to complete community service, drug or other treatment programs, pay fines or restitution to an injured party or suffer the loss of certain rights.
How a Criminal Defense Lawyer Can Help
The laws and penalties regarding felony classes and offenses vary in each state. If you have been charged with a felony, you should seek legal counsel. A criminal defense attorney can act on your behalf to protect your legal rights.
