About ⅓ of US states have felonies subdivided into lettered classes. In most of these states, a class C felony is a mid-range crime. It is a serious felony, but does not rise to the level of the most serious ones, such as murder. Still, you are likely to have a long prison sentence and other serious consequences if you are convicted of a class C felony. This is especially true if you have previous convictions or there are aggravating factors in the case.
What is considered a class C felony depends upon the state, but here are some examples by state:
- Connecticut – 2nd degree manslaughter
- Missouri – statutory rape
- Nevada – stalking on the Internet
- New York – assault on a judge
- Wisconsin – 2nd degree assault
- Oregon – 3rd offense DUI
Other common class C felonies are bribery, forgery, negligent homicide, criminal tampering, receiving stolen property, arson and kidnapping. All of these crimes can result anywhere from one to 20 years in state or federal prison.
Penalties for Class C Felonies
Generally, the sentences for class C felonies can range from two to five years in prison in Nevada, and five years in prison in Washington state and Oregon. In Wisconsin, you may receive up to 40 years in prison. Connecticut, Kentucky and Iowa have sentences for such felonies that go up to 10 years in state prison. Fines in Iowa, Arkansas and Nevada can be up to $10,000.
Also, rules vary, but courts in all states will examine the unique circumstances of the criminal offense. If you have previous convictions, committed a violent crime, or committed a crime of violence or abuse against a child, a class C felony could be enhanced. For example, in Connecticut, burglary is a class C felony. But if you were carrying a deadly weapon in the commission of the crime, this could be enhanced to a class B felony in terms of sentencing. If the burglary involved an assault against someone in the property, this could become a class A felony in that state. Generally crimes of violence will result in enhanced charges and penalties.
In New York state, an offender convicted of a class C felony must serve at least 3.5 years in prison. But the minimum will increase to seven years if the same person had a previous conviction.
Defenses to Class C Felony
Depending upon the exact felony charge, an effective criminal defense attorney or federal defense lawyer may be able to defend you from a class C felony. For example, assault can be charged as a class C felony in some states. Some of the effective defenses to this alleged crime are:
- Self defense: Alleging self defense in this can may be appropriate if you agree that you committed the assault but argue that it was justified given that you were being threatened by the other party. This defense could be most effective if you can show that the alleged victim was being aggressive toward you. Witness testimony could be effective in arguing that you were acting reasonably to a threat.
- Acted in defense of others: This defense may work if you can prove the other person assaulted another party and you were acting in defense of that person. The judge may rule that you were acting reasonably given the circumstances.
- Alibi: If you were not at the scene of the alleged crime, you cannot be convicted of felonious assault. This defense will require proof from witnesses that you were not at the crime scene.
- Burden of proof not met: In all felony charges, the prosecutor has the burden of proof against you. He or she must show beyond a reasonable doubt that you committed the crime. If they cannot meet this high level of proof, the judge or jury may find you not guilty.
Class C Felony Loss of Rights and Benefits
As with any felony conviction in the United States, you will surrender certain rights. You will probably not be able to do the following:
- Serve on a jury
- Vote
- Possess or own firearms
- Work in many fields that require a license, permit and/or background check
- Qualify for affordable public housing
Also, you may have difficulty getting a job, as many employers do not want to deal with convicted felons. Landlords frequently do not want to rent houses or apartments to convicted felons. If you are looking for work or a place to live as a person convicted with a class C felony, it is recommended to check with Goodwill or the Salvation Army. They may be able to help you find a place to live or get a job.
Being convicted of a class C felony also can make you liable in civil court. The victim of your felonious crime may sue you for their injuries, medical costs, lost wages and/or pain and suffering.
Class C Felony Laws By State
Class C felonies include more severe crimes than Class D felonies and typically involve harsher penalties. The specifics and penalties for Class C felonies vary significantly by state:
Under Code of Alabama Section 13A-5-6:
- Class C felonies are punishable by 1 to 10 years in prison and fines up to $15,000.
Under Alaska Statutes Section 12.55.125:
- Class C felonies are punishable by up to 5 years in prison and fines up to $50,000.
Under Arizona Revised Statutes Section 13-702:
- Class 4 felonies, comparable to Class C, can result in 1.5 to 3 years in prison and significant fines.
Under Arkansas Code Section 5-4-401:
- Class C felonies are punishable by 3 to 10 years in prison and fines up to $10,000.
California does not use letter classifications for felonies, but the closest equivalent includes up to 5 years in prison.
Colorado
Under Colorado Revised Statutes Section 18-1.3-401:
- Class 5 felonies, similar to Class C, are punishable by 1 to 3 years in prison and fines up to $100,000.
Under Connecticut General Statutes Section 53a-35:
- Class C felonies are punishable by 1 to 10 years in prison and fines up to $10,000.
Under Delaware Code Title 11, Section 4205:
- Class C felonies are punishable by up to 15 years in prison.
Florida does not classify felonies by letter but a second-degree felony, similar to Class C, is punishable by up to 15 years in prison.
Georgia
Georgia does not use letter classifications; however, felonies can involve significant prison time based on the crime’s severity.
Hawaii
Under Hawaii Revised Statutes Section 706-660:
- Class B felonies, similar to Class C, are punishable by up to 10 years in prison and fines up to $25,000.
Under Idaho Code Section 18-112:
- Idaho categorizes felonies without specific classes, but typical penalties can include several years in prison.
Under Illinois Compiled Statutes 730 ILCS 5/5-4.5-40:
- Class 3 felonies, similar to Class C, are punishable by 2 to 5 years in prison and fines up to $25,000.
Under Indiana Code Section 35-50-2-7:
- Class C felonies (now Level 5 felonies) are punishable by 1 to 6 years in prison and fines up to $10,000.
Under Iowa Code Section 902.9:
- Class C felonies are punishable by up to 10 years in prison and fines from $1,000 to $10,000.
Under Kansas Statutes Section 21-6611:
- Severity level 7 felonies, similar to Class C, are punishable by 17 to 23 months in prison based on criminal history.
Under Kentucky Revised Statutes Section 532.060:
- Class C felonies are punishable by 5 to 10 years in prison.
Under Louisiana Revised Statutes Section 15:529:
- Louisiana does not use letter classifications but serious felonies can include up to 10 years in prison.
Under Maine Revised Statutes Title 17-A, Section 1252:
- Class C crimes are punishable by up to 5 years in prison and fines up to $5,000.
Maryland does not use letter classifications; however, more severe felonies can be punishable by significant prison terms depending on the crime.
Massachusetts
Massachusetts does not use letter classifications but more serious felonies can involve lengthy prison sentences.
Michigan
Under Michigan Compiled Laws Section 750.356:
- Michigan categorizes felonies by degrees, with lesser degrees similar to Class C involving several years of imprisonment.
Under Minnesota Statutes Section 609.13:
- Minnesota felonies not classified by letter, but more serious felonies may involve several years of imprisonment.
Under Mississippi Code Section 97-23-43:
- Mississippi does not use letter classifications but more serious felonies can include up to 10 years in prison.
Under Missouri Revised Statutes Section 558.011:
- Class C felonies are punishable by up to 10 years in prison.
Under Montana Code Annotated Section 45-6-301:
- Montana does not classify felonies by letter but more serious felonies can involve several years of imprisonment.
Under Nebraska Revised Statutes Section 28-105:
- Class III felonies, similar to Class C, are punishable by up to 4 years in prison and fines up to $25,000.
Under Nevada Revised Statutes Section 193.130:
- Category D felonies, comparable to Class C, are punishable by 1 to 4 years in prison and possible fines.
Under New Hampshire Revised Statutes Section 651:2:
- Class B felonies, similar to Class C, are punishable by up to 7 years in prison.
Under New Jersey Statutes Section 2C:43-6:
- Third degree crimes, similar to Class C felonies, are punishable by 3 to 5 years in prison.
Under New Mexico Statutes Section 31-18-15:
- New Mexico felonies are not classified by letters but more serious felonies can involve significant penalties.
Under New York Penal Law Section 70.00:
- Class C felonies are punishable by 5 to 15 years in prison.
Under North Carolina General Statutes Section 14-1.1:
- Class G felonies, similar to Class C, are punishable by 8 to 31 months in prison based on prior record.
Under North Dakota Century Code Section 12.1-32-01:
- Class B felonies, similar to Class C, are punishable by up to 10 years in prison and fines up to $20,000.
Under Ohio Revised Code Section 2929.14:
- Third-degree felonies, similar to Class C, are punishable by 1 to 5 years in prison and fines up to $10,000.
Under Oklahoma Statutes Section 21-701.9:
- Oklahoma does not use letter classifications for felonies but includes various felonies punishable by several years in state prison.
Under Oregon Revised Statutes Section 161.605:
- Class B felonies, similar to Class C, are punishable by up to 10 years in prison and fines up to $250,000.
Under Pennsylvania Consolidated Statutes Section 1103:
- Second-degree felonies, similar to Class C, are punishable by up to 10 years in prison.
Under Rhode Island General Laws Section 11-1-2:
- Lesser felonies in Rhode Island, similar to Class C, may involve sentences up to several years depending on the crime.
Under South Carolina Code Section 16-1-20:
- Class E felonies, comparable to Class C, are punishable by up to 10 years in prison.
Under South Dakota Codified Laws Section 22-6-1:
- Class 5 felonies, similar to Class C, are punishable by up to 5 years in prison and fines up to $10,000.
Under Tennessee Code Annotated Section 40-35-111:
- Class D felonies, comparable to Class C, are punishable by 2 to 12 years in prison and fines up to $5,000.
Under Texas Penal Code Section 12.34:
- Third-degree felonies, similar to Class C, are punishable by 2 to 10 years in state jail and fines up to $10,000.
Under Utah Code Section 76-3-203:
- Second-degree felonies, similar to Class C, are punishable by 1 to 15 years in prison and fines up to $10,000.
Under Vermont Statutes Title 13, Section 1:
- Vermont does not use letter classifications but lesser felonies can involve varying terms of imprisonment.
Under Virginia Code Section 18.2-10:
- Class 5 felonies, similar to Class C, are punishable by 1 to 10 years in prison or up to 12 months in jail and a fine of up to $2,500.
Under Revised Code of Washington Section 9A.20.021:
- Class B felonies, comparable to Class C, are punishable by up to 10 years in prison and fines up to $20,000.
Under West Virginia Code Section 61-11-8:
- West Virginia does not use letter classifications but lesser felonies can involve varying penalties including terms of imprisonment.
Under Wisconsin Statutes Section 939.50:
- Class H felonies, similar to Class C, are punishable by up to 6 years in prison and fines up to $10,000.
Under Wyoming Statutes Section 6-10-101:
- Wyoming felonies not classified by letters, but lesser felonies can include varying penalties depending on the crime.
Most Common Questions About Class C Felonies
Here are answers to the top 20 questions about Class C felonies:
- What is a Class C felony?
- A Class C felony is a criminal classification falling below Class B and above Class D, involving moderately severe crimes that vary by jurisdiction.
- What crimes are considered Class C felonies?
- Common Class C felonies include involuntary manslaughter, burglary, third-degree sexual assault, and certain drug offenses, depending on state laws.
- How serious is a Class C felony?
- A Class C felony is considered serious and typically results in significant legal consequences, though less severe than Class A or B felonies.
- What are the penalties for a Class C felony?
- Penalties can include substantial fines, probation, and imprisonment ranging from 5 to 10 years, based on the specific crime and jurisdiction.
- Can a Class C felony be expunged?
- Expungement is possible in some states under certain conditions, such as completion of the sentence, a waiting period, and maintaining a clean record post-conviction.
- What is the difference between a Class C felony and a misdemeanor?
- Class C felonies are more severe than misdemeanors, resulting in harsher penalties, longer prison sentences, and more significant long-term consequences.
- How does a Class C felony affect employment?
- A Class C felony can severely impact employment opportunities, particularly in fields requiring background checks, trust, or security clearances.
- Can I own a firearm if I have a Class C felony conviction?
- Federal law prohibits individuals with felony convictions, including Class C, from owning or possessing firearms and ammunition.
- What are the consequences of a Class C felony on voting rights?
- Voting rights can be suspended while serving a sentence for a Class C felony and potentially during parole or probation, varying by state.
- How long does a Class C felony stay on your record?
- A Class C felony typically remains on your record indefinitely unless successfully expunged or sealed according to state laws.
- Is jail time mandatory for a Class C felony?
- Many jurisdictions mandate jail time for Class C felonies, but sentences can vary widely based on the crime, prior record, and specific state sentencing guidelines.
- Can a Class C felony be reduced to a misdemeanor?
- Reduction from a Class C felony to a misdemeanor might be possible through plea agreements or showing substantial rehabilitation, depending on state laws and the case specifics.
- What defenses are available for someone charged with a Class C felony?
- Defenses can include insufficient evidence, mistaken identity, alibi, constitutional violations in the handling of the case, or challenging the evidence’s legality.
- How does a Class C felony affect immigration status?
- A Class C felony can lead to severe immigration consequences like deportation, inadmissibility, or denial of naturalization, especially if the crime is considered an aggravated felony.
- What is the statute of limitations for Class C felonies?
- The statute of limitations typically ranges from 3 to 10 years for Class C felonies, depending on the specific crime and state law.
- How can I clear a Class C felony from my record?
- Clearing a Class C felony involves petitioning for expungement or sealing, where eligible, often after completing probation or parole and fulfilling other legal requirements.
- What impact does a Class C felony have on professional licensing?
- Holding a Class C felony can restrict or prevent professional licensing in many fields, particularly those involving law, healthcare, and education.
- Can you travel internationally with a Class C felony?
- International travel might be restricted with a felony conviction, as some countries deny entry to individuals with serious criminal records.
- How does a Class C felony differ from other felony classes?
- Class C felonies are considered less severe than Class A and B felonies but more severe than Class D, impacting the degree of penalties and legal consequences.
- What are the guidelines for probation or parole for Class C felonies?
- Guidelines include regular supervision, compliance with specific conditions like no further criminal activity, and sometimes mandatory participation in rehabilitation programs or community service.
These answers provide a general understanding, but specific details can vary based on the jurisdiction and the particular circumstances of each case.
References
- Class C Felony Overview. (n.d.). Retrieved from https://www.superpages.com/em/class-c-felony/
- What Is a Class C Felony? (n.d.). Retrieved from https://www.legalmatch.com/law-library/article/what-is-a-class-c-felony.html?intakeredesigned=1