Felony is a crime that carries more than a one year incarceration, life imprisonment without the possibility of parole or even death. Examples of felony crimes include murder, robbery, rape, kidnapping, tax evasion, stock fraud, grand theft, perjury, and copyright infringement.  

In this blog, we will detail an overview of felony cases, importance of legal representation, role of criminal lawyer in felonies, types of felony cases, difference between felony cases and misdemeanour, step-by-step process in a felony case. 

Overview of Felony Cases

A felony case is a criminal case that represents a conviction for a felony. This normally occurs when a serious crime has been committed and it could be punished with an imprisonment term of more than one year, life imprisonment without parole, and sometimes even death in some states. Some of the few Indian felony cases are:

• Murder and Culpable homicide: These are serious offences under Indian Penal Code (IPC).  
• Robbery: This is a class B felony but may be upgraded to a class A felony, in cases the dangerous weapon or weapon likely to cause death is being used, or where victim suffers serious injury
• Criminal defamation: This is a felony in India, as classified in Sections 499 and 500 of the Indian Penal Code 
• Forgery: This is a serious felony that pertains to the creation or alteration of a document or electronic record with the intent to defraud or fraudulently obtain money or property.

Other felonies under Indian law include:

• Attempted murder
• Murders related to dowry
• Kidnapping
• Assault
• Theft
• Extortion
• Vandalism
• Burglary.

Punishments for Indian criminal cases  include death penalty, life imprisonment, imprisonment, forfeiture of property, and solitary confinement.

Importance of Specialised Legal Representation

Felonies are offences that are tried either at the state or central level and result in a minimum jail time of one year. They are at times further differentiated by classes, degrees, or levels to guide this process. The typical procedure in a case for a felony includes:

• Arraignment: The defendant is informed of the charges, and a hearing date is scheduled 
• Pre-trial Hearings: The defendant can file various motions with the magistrate, and negotiations continue 
• Trial: The case may be tried before a jury or before a bench.

Legal expertise will always be needed in such complicated and intricate cases to safeguard the rights of individuals under trial. A criminal defense lawyer can help dealing with all the complexities of the cases. They can provide you with the right advice based on the charges and protect your rights. 

Role of Criminal Lawyer in Felonies

Criminal lawyers therefore take up a very important role of defending  people who have been accused of committing felonies. They work hard by digging out enough evidence, negotiating the plea bargains to as low levels as possible, and even represent their clients in the courts of law.

• Evidence Gathering: The criminal lawyer investigates all the possible evidence that can be put before the court in defence of his client. This includes interviewing witnesses, reviewing documents and analysing forensic evidence, among others.
• Bargaining Plea Bargaining Negotiation: In most cases, defence attorneys negotiate with the prosecution to plead charges down or to seek a lighter sentence. This can be an effective bargaining tactic for the accused who would rather not have to go to trial.
• Representation in Court: If the case goes up to the trail, criminal lawyers will represent their clients in court arguing for their innocence or a good outcome. This is done after getting into the court and presenting evidence, cross-examining various witnesses, and making persuasive arguments to the judge or jury.

Types of Felony Cases

The type of felonies varies according to the nature of the crime itself. Some of the most common types of felonies are:

Violent Felonies:

• Murder: The illegal killing of a human being 
• Assault: An intentional application of force and threats towards fellow human being 
• Rape: Defined as sexual act one performs with a person against the will  of that person 
• Robbery: The forceful theft of property or usage of threats about the use of force 
• Kidnapping: Unlawful holding of a person against their  will 
• Assault with a Deadly Weapon: The use of any weapon to cause bodily harm on another person 
• Battery: The intentional infliction of bodily harm on another person.

Capital Felonies:

• Aggravated Battery: A battery that causes serious bodily harm or kills the victim.

Drug Felonies:

• Drug Possession, manufacture, distribution, trafficking

Property Crime Felonies:

• Burglary: A breaking and entering into a dwelling that is the intent to commit some crime.
• Theft: Taking property that does not belong to you 
• Arson: The deliberate setting of fire on property.

White-Collar Crimes:

• Forgery: The act of making a false document or changing an actual document.
• Grand Theft: This is the act of stealing something whose value exceeds a set value.

Felony Cases vs Misdemeanour

What is a Misdemeanour?

A misdemeanour is a less serious crime compared to felonies. Misdemeanours are mainly charged with fines, short-term imprisonment, or probation. Misdemeanours are less serious, while felonies are regarded as more serious crimes.

How Felonies Are Formed from Misdemeanours

While crimes of a minor nature tend to be less serious, there are cases in which misdemeanours may be elevated to felonies. This happens, for example, when the offence is committed repetitively or under aggravating conditions, of which the use of a weapon or some element of bodily harm is included.

Sentence Imposed for Felonies and Misdemeanors

• Felony Offences: Serious cases often result in felony convictions. These may result in severe punishment, such as extended jail terms, very high fines, and loss of certain rights. Certain felonies are eligible for capital punishment.
• Misdemeanours: A misdemeanour conviction will often attract less severe punishments than those described above for felony offences, such as fines, probation, and short jail term. However, multiple misdemeanour offences may result in fairly severe punishment, often felony charges.

Strategies Lawyer uses in Felony Cases

Criminal defence lawyers have various strategies to defend their clients facing cases of felonies. These tactics are usually aimed at challenging the prosecution case and achieving the best possible outcome for the defendant.  

Better Defence Plan

A good defence strategy is making sure to understand the case against a person well, the relevant laws, and what evidence the prosecutor has. Lawyers study the facts closely, find points of vulnerability for the prosecution’s case, and then strategise how to refute their case. 

Evidence

Defence attorneys play a fundamental role in the collection of evidence and interpretation. They may interview various witnesses, trace documents, or obtain expert testimony on behalf of their clients. They may question the reliability of the case if and when they identify discrepancies or flaws in the prosecution’s evidence.

Testimony

Witness testimonies often occur in a criminal trial. Defence lawyers ask any witness who is willing to appear and testify as a witness on behalf of their clients. Witnesses can be used by the defence for alibi purposes, as character references, or for any other opinion or expertise a witness might offer. 

Cross-Examination Techniques

The greatest defence tool is cross-examination, whereby lawyers can impeach the credibility of prosecution witnesses by their effective questioning, which focuses on inconsistencies, biases, or by undermining their reliability in giving testimony.

The Felony Case Process: Step-by-Step

Understanding the process of a felony case helps a defendant who is charged with a felony .

Arrest and Charges

• Arrest: Generally, for a felony arrest, a warrant issued by a judge is required.
• Charge: The prosecution files an indictment or information formally charging that alleges a crime.

Pre-Trial Hearings and Motions

• Arraignment: The defendant is made aware of the charges and enters his plea 
• Grand Jury: Some jurisdictions allow a grand jury to sit to decide whether a defendant should be indicted.
• Pre-Trial Motions: A defence can make motions to dismiss the complaint, or to suppress evidence to be presented by the prosecution or to have the venue changed.

The Trial Process

• Jury Selection: A jury is selected to hear the case.
• Opening Statements: The prosecution makes its opening statement. So does the defence.
• Presentation of Evidence: A combination of witness testimony and other evidence will also be presented by both sides.
• Closing Argument. The prosecution and defence make their closing arguments.
• Jury Deliberation: The jury retires to the jury room to deliberate a verdict.

Sentencing and Appeals

• Judgement: In the event the defendant is found guilty, he/she/they will receive a verdict and judgement
• Appeals: A defendant may appeal a decision or judgement to an appeals court.

Conclusion

A felony case involves intricate legal proceedings that require careful navigation. Understanding the different types of felonies, the role of a criminal lawyer, and the steps involved is crucial for a favourable outcome. Working with a skilled attorney is essential to develop an effective defence and protect your rights throughout the process.

Contact Zolvit Lawyers, we specialise in felony cases and are committed to providing expert legal counsel tailored to your needs. Our experienced team will guide you through each step, ensuring that you have the best possible chance for a positive resolution.