FELONY

felony,n.1. A serious crime usu. punishable by imprisonment for more than one year or by

death. • Examples include burglary, arson, rape, and murder. — Also termed major crime; serious

crime. Cf. MISDEMEANOR. [Cases: Criminal Law 27. C.J.S. Criminal Law §§ 9–12.]

“Felony, in the general acceptation of our English law, comprizes every species of crime,

which occasioned at common law the forfeiture of lands or goods.” 4 William Blackstone,

Commentaries on the Laws of England 94 (1769).

“Amongst indictable crimes, the common law singled out some as being so conspicuously

heinous that a man adjudged guilty of any of them incurred — not as any express part of his

sentence but as a consequence that necessarily ensued upon it — a forfeiture of property, whether

of his lands or of his goods or of both (in the case of treason). Such crimes came to be called

‘felonies.’ The other, and lesser, crimes were known as ‘transgressions’ or ‘trespasses,’ and did not

obtain their present name of misdemeanours until a much later date. A felony is, therefore, a crime

which either involved by common law such a forfeiture, or else has been placed by statute on the

footing of those crimes which did involve it.” J.W. Cecil Turner, Kenny’s Outlines of Criminal

Law 93 (16th ed. 1952). atrocious felony.A serious, usu. cruel felony involving personal violence. • This term is now

used less frequently than the specific type of crime alleged (e.g., first-degree murder or aggravated

sexual assault).

serious felony.A major felony, such as burglary of a residence or an assault that causes great

bodily injury. • In many jurisdictions, a defendant’s prior serious-felony convictions can be used to

enhance another criminal charge.

substantive felony.See substantive offense under OFFENSE(1).

treason felony.See TREASON FELONY.

violent felony.See violent offense under OFFENSE(1).

2.Hist. At common law, an offense for which conviction results in forfeiture of the

defendant’s lands or goods (or both) to the Crown, regardless of whether any capital or other

punishment is mandated. • At early common law, the term felony included any offense for which a

defendant who fled before trial could be summarily convicted, attainted, and outlawed, or that

carried a right of appeal after conviction. Although treason carried the same penalties as a

common-law felony, it was usu. defined as a separate class of crime. 3.Hist. Feudal law. A grave

act that resulted in the forfeiture of land granted by a superior. [Blacks Law 8th]