What is a Class D Felony?
A Class D Felony is lowest level that felony crimes can be classified in the United States. The only exceptions to this rule are found in New York and Illinois. The state of New York classifies their lowest felony as a Class E, and the lowest Illinois' felony classification is Class 4. As you may know a felony is considered any serious crime that is punishable by the courts by issuing a prison sentence of more than one year.
Regulatory infractions that are not considered dangerous or serious crimes are misdemeanors. Misdemeanors will not result in sentences of more than one year.
Crimes Considered as Class D Felonies
(1) Filing a false claim that a crime as been committed. This includes calling 911 as a practical joke and falsely accusing someone of a crime.
(2) Violation of weapons laws on county, state, or federal level. Included with the violation are carrying a firearm without a permit or bringing firearms or other weapons into a federal building.
(3) Reporting or placing a fake bomb threat. This also includes placing equipment in a location that is constructed to appear to be a bomb.
(4) Promotion and/or advertising sexual performances of minors to include small children.
(5) Unlawful sale of weapons or firearms. This also including sales that involve the aid of minors.
(6) Possession of weapons or firearms while on probation or parole. This also includes possession of weapons considered to be illegal to own without specific license or credentials.
(7) Production, modification, and distribution of weapons and firearms.
(8) Domestic violence that is not classified as homocide.
(9) Fraud (i.e., writing bad checks).
(10) Possession of stolen merchandise (i.e., automobiles, parts, stereoes, etc.).
(11) D.U.I. This varies from state to state. In some states a defendent must receive a specific number of D.U.I. convictions before the crime is considered a felony.
(12) Vehicular homocide.
Punishment of Class D Felony
Typical punishment of a Class D Felony is 2 to 7 years. This means that the sentence cannot be lower than 2 years and the maximum sentence is not over 7 years. Fines are generally no more than $5000 or two times the amount of profit made by the defendent.
If the defendent attempted to commit the Class D felony for which he or she is charged, but was not successful the judge may modify the sentence. This modification provided the defendent hasn't any prior criminal history will result in sentence of two with a maximum of eight years. A defendent with only one prior felony conviction will receive a sentence of five to seven years.
With more than one felony conviction sentencing will begin at six years with a maximum of up to twenty-five years. However, if the defendent's prior felony convictions do not include violent crimes, his/her sentence will begin with four years with a maximum of seven years.
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