In Vermont, any offense whose maximum term of imprisonment is more than two years, for life or which may be punished by death is a felony.
Felony Sentencing and Convictions in Vermont
Vermont does not classify its felony crimes like other states by letter (I.E.; “A” or “B”). Generally, felony crimes are defined by the individual criminal statute and each criminal statute contains its own provision as to the penalty. Therefore, for crimes such as kidnapping, rape, burglary, theft, sexual offenses, drug offenses and others, the crime has its own particular criminal statute with its own definition and penalty provision. However, for murder and kidnapping, there are two different degrees. For instance, the following is the description of the degrees of “murder.”
Murder
Murder committed by means of poison, or by lying in wait, or by willful, deliberate and premeditated killing, or committed in perpetrating or attempting to perpetrate arson, sexual assault, aggravated sexual assault, robbery or burglary, shall be murder in the first degree. All other kinds of murder shall be murder in the second degree.
Murder in the 1st Degree
(A) a minimum term of not less than 35 years and a maximum term of life; or
(B) life without the possibility of parole.
Murder in the 2nd Degree
(A) a minimum term of not less than 20 years and a maximum term of life; or
(B) life without the possibility of parole.
Vermont Felony Records and Expungement
In Vermont, one may petition the court for to have their felony records expunged. If a person was found not guilty or the case was dismissed, the record may be expunged any time. If a person was convicted, certain criteria must be fulfilled. These are as follows:
(1) the petitioner has successfully completed all the terms and conditions of the sentence;
(2) the petitioner has not been convicted of any crime thereafter, either misdemeanor or felony; and at least:
(3) fifteen years have elapsed since the date on which the petitioner completed all the terms and conditions of the sentence, if the offense was a felony punishable by no more than fifteen years.
Statute of Limitations for Felonies in VT
The following is the statute of limitations for the prosecution of felonies in the State of Vermont:
- No statute of limitations: murder, arson causing death, aggravated sexual assault, kidnapping
- 11 years: arson, manslaughter
- 6 years: sexual assault, lewd and lascivious conduct, sexual exploitation of children, grand larceny, robbery, burglary, embezzlement, forgery, bribery, false claims, fraud, felony tax offenses
- 3 years: all others (except for sexual assault or lewd and lascivious conduct of child under 16 yrs of age)
Note that there is an exception for the offense of “sexual assault or lewd and lascivious conduct of child under 16 yrs. old.” In such an instance, the statute of limitations for a prosecution is six year or when the victim turns twenty-four years of age, whichever occurs first. View all Criminal Statute of Limitations in Vermont.
Help from a Lawyer in Vermont for Felony Charges
An experienced criminal defense attorney can not only evaluate one’s case in order to determine what options one may have in the matter, but also the attorney can assist one in making important determinations in preparing one’s defense. In addition, the attorney can help to preserve any rights you may have, as well as help to obtain the most advantageous result under the circumstances.
