Criminal law |
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Elements |
Scope of criminal liability |
Severity of offense |
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Inchoate offenses |
Crimes against the person |
Sexual offenses |
Crimes against property |
Crimes against justice |
Crimes against the public |
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Crimes against animals |
Crimes against the state |
Defences to liability |
Other common-law areas |
Portals |
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious.[1] The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resulted in the confiscation of a convicted person's land and goods, to which additional punishments including capital punishment could be added;[2] other crimes were called misdemeanors. Following conviction of a felony in a court of law, a person may be described as a felon or a convicted felon.
Some common law countries and jurisdictions no longer classify crimes as felonies or misdemeanors and instead use other distinctions, such as by classifying serious crimes as indictable offenses and less serious crimes as summary offenses.
In the United States, where the felony/misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor. The classification is based upon a crime's potential sentence, so a crime remains classified as a felony even if a defendant convicted of a felony receives a sentence of one year or less.[3] Some individual states classify crimes by other factors, such as seriousness or context.
In some civil law jurisdictions, such as Italy and Spain, the term delict is used to describe serious offenses, a category similar to common law felony. In other nations, such as Germany, France, Belgium, and Switzerland, more serious offenses are described as crimes, while misdemeanors or delicts (or délits) are less serious. In still others (such as Brazil and Portugal), crimes and delicts are synonymous (more serious) and are opposed to contraventions (less serious).