# What is a felony? **URL:** \ **Category:** Factual Questions\ **Created:** [October 8, 2004, 9:46pm UTC](https://boards.straightdope.com/t/what-is-a-felony/268275 "2004-10-08T21:46:54Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![ParentalAdvisory](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@ParentalAdvisory](https://boards.straightdope.com/u/ParentalAdvisory)\ **Post date:** [October 8, 2004, 9:46pm UTC](https://boards.straightdope.com/t/what-is-a-felony/268275/1 "2004-10-08T21:46:54Z")
I’m trying to clarify the correct logic for felony crimes. I say, for you to be considered a felon, you have to have served more then 1 yr in jail. And anything less, is not considered a felony. Even if you have committed a crime that is considered a felony (ex: 1-5 years for dealing something), but because your a good citizen, the judge gives you 8 months to think about things. Are you still considered a felon if you only served 8 months? Or because you were convicted of a felony crime, you’re still a felon? ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [October 8, 2004, 9:55pm UTC](https://boards.straightdope.com/t/what-is-a-felony/268275/2 "2004-10-08T21:55:11Z")
A felon is any person who has been convicted of a felony. Felonies are serious crimes, but sometimes you don’t serve any time at all. For example, a first-time assault might be sentenced to probation. In Massachussets, a felony is any crime that has a potential sentence of _any_ prison time. In other states, felonies have sentences of a year or more. ---
**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\ **Post date:** [October 8, 2004, 9:57pm UTC](https://boards.straightdope.com/t/what-is-a-felony/268275/3 "2004-10-08T21:57:29Z")
This is **Bricker’s** department, rather than mine, so if his answer differs, listen to him and not me. (The litigation I do is civil, rather than criminal.) But I believe that you are still considered a felon, even if you serve less than a year. I think the issue is whether the crime could be punishable by at least one year in the penitentiary. ---
**Author:** ![pravnik](https://avatars.discourse-cdn.com/v4/letter/p/8edcca/32.png) [@pravnik](https://boards.straightdope.com/u/pravnik)\ **Post date:** [October 8, 2004, 10:01pm UTC](https://boards.straightdope.com/t/what-is-a-felony/268275/4 "2004-10-08T22:01:10Z")
> [@ParentalAdvisory](#): > > I’m trying to clarify the correct logic for felony crimes. > > I say, for you to be considered a felon, you have to have served more then 1 yr in jail. And anything less, is not considered a felony. Even if you have committed a crime that is considered a felony (ex: 1-5 years for dealing something), but because your a good citizen, the judge gives you 8 months to think about things. Are you still considered a felon if you only served 8 months? Or because you were convicted of a felony crime, you’re still a felon? The latter. Every jurisdiction has it’s own definition, but a felony is very generally a serious crime that is punishable by more than one year in prison, although not necessarily _punished_ by more than one year in prison. If you get 9 months in county for a minor felony, you’re still a felon. If you get straight probation in lieu of any jail time, you’re still a felon. ---
**Author:** ![ParentalAdvisory](https://avatars.discourse-cdn.com/v4/letter/p/53a042/32.png) [@ParentalAdvisory](https://boards.straightdope.com/u/ParentalAdvisory)\ **Post date:** [October 8, 2004, 10:35pm UTC](https://boards.straightdope.com/t/what-is-a-felony/268275/5 "2004-10-08T22:35:01Z")
Thanks, I think I understand now. ---
**Author:** ![Spectre\_of\_Pithecanthropus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/spectre_of_pithecanthropus/32/12343_2.png) [@Spectre\_of\_Pithecanthropus](https://boards.straightdope.com/u/Spectre_of_Pithecanthropus)\ **Post date:** [October 8, 2004, 11:08pm UTC](https://boards.straightdope.com/t/what-is-a-felony/268275/6 "2004-10-08T23:08:55Z")
In California, certain offenses are called “wobblers” and go on the defendant’s record as either misdemeanors or felonies, depending on how sentenced. I’m not a lawyer though; hopefully a CA criminal lawyer will be along to explain the exact mechanisms involved. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [October 9, 2004, 1:21am UTC](https://boards.straightdope.com/t/what-is-a-felony/268275/7 "2004-10-09T01:21:10Z")
> [@Random](#): > > This is **Bricker’s** department, rather than mine, so if his answer differs, listen to him and not me. (The litigation I do is civil, rather than criminal.) But I believe that you are still considered a felon, even if you serve less than a year. I think the issue is whether the crime could be punishable by at least one year in the penitentiary. **Random** is right on the money – although I appreciate the props! 🙂 If the crime is punishable by one year or more of confinement, it’s a felony. The actual sentence imposed does not change the nature of the crime.