A class D felony is one of the less serious types of felonies. In most states, class D felonies are not associated with dangerous or violent acts; many class D felonies are victimless crimes. However, this crime is still a felony and has serious potential punishments, including a long jail sentence, heavy fines and strict terms on probation.
In most cases, a conviction for a class D felony will stay on your record permanently. Therefore you will feel the repercussions of the felony conviction for years after your sentence is over. A class D felony conviction can prevent you from renting an apartment, getting a job or obtaining student loans.
Penalties for Class D Felonies
The sentencing range for a class D felony conviction varies by state. It often depends upon whether a class D felony in the particular state is the lowest class felony or not. Many states have laws similar to Arkansas, with up to six years in prison possible. Others, such as Delaware, have a maximum penalty of eight years in prison for this felony.
In states where there are more than four classes of felony, pre-set sentence ranges are often higher. For example, in Michigan, a class D felony is one of eight classes. The range is up to 10 years in state prison. Wisconsin features the highest possible sentence for class D felonies – up to 25 years. State courts also can hand out fines for class D felonies. These may range from up to $100,000 in Wisconsin to $5000 in the states of Tennessee, Connecticut and Missouri.
Generally, class D felonies are punishable by at least a year in prison. Approximately ⅓ of states use a system that has a class D felony. How serious a class D felony is varies by state. Some examples of class D felonies by state are:
- Delaware: 2nd degree burglary
- Kentucky: Felony drunk driving
- Michigan: Larceny valued at $20,000 or more
- North Carolina: Train robbery
- Wisconsin: Child enticement
Class D Penalties by State
Class D felonies are one of the lower-level felony offenses, but still carry significant penalties. The specifics and penalties for Class D felonies vary by state:
Under Code of Alabama Section 13A-5-6:
- Class D felonies are punishable by 1 to 5 years in prison and fines up to $7,500.
Under Alaska Statutes Section 12.55.125:
- Class C felonies, comparable to Class D in other states, 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, roughly equivalent to Class D, can result in 1 to 3.75 years in prison and significant fines.
Under Arkansas Code Section 5-4-401:
- Class D felonies are punishable by up to 6 years in prison and fines up to $10,000.
California does not use letter classifications for felonies, but the lowest category, comparable to Class D, involves up to 3 years in prison.
Colorado
Under Colorado Revised Statutes Section 18-1.3-401:
- Class 4 felonies, comparable to Class D, are punishable by 2 to 6 years in prison and fines up to $500,000.
Under Connecticut General Statutes Section 53a-35:
- Class D felonies are punishable by 1 to 5 years in prison and fines up to $5,000.
Under Delaware Code Title 11, Section 4205:
- Class D felonies are punishable by up to 8 years in prison.
Florida does not classify felonies by letter but a third-degree felony, similar to Class D, is punishable by up to 5 years in prison.
Georgia
Georgia does not use letter classifications; however, a high and aggravated misdemeanor can approach the severity of a Class D felony, involving up to 12 months in jail.
Hawaii
Under Hawaii Revised Statutes Section 706-660:
- Class C felonies, similar to Class D, are punishable by up to 5 years in prison and fines up to $10,000.
Under Idaho Code Section 18-112:
- Idaho does not have Class D felonies but uses a general felony classification punishable by varying terms depending on the crime.
Under Illinois Compiled Statutes 730 ILCS 5/5-4.5-50:
- Class 4 felonies, similar to Class D, are punishable by 1 to 3 years in prison and fines up to $25,000.
Under Indiana Code Section 35-50-2-7:
- Class D felonies (now Level 6 felonies) are punishable by 6 months to 2.5 years in prison and fines up to $10,000.
Under Iowa Code Section 902.9:
- Class D felonies are punishable by up to 5 years in prison and fines from $750 to $7,500.
Under Kansas Statutes Section 21-6611:
- Severity level 9 felonies, similar to Class D, are punishable by 11 to 34 months in prison based on criminal history.
Under Kentucky Revised Statutes Section 532.060:
- Class D felonies are punishable by 1 to 5 years in prison.
Under Louisiana Revised Statutes Section 15:529:
- Louisiana does not use letter classifications but lesser felonies can include up to 5 years in prison.
Under Maine Revised Statutes Title 17-A, Section 1252:
- Class D crimes are punishable by up to 364 days in prison and fines up to $2,000.
Maryland does not use letter classifications; however, less severe felonies can be punishable by varying terms depending on the crime.
Massachusetts
Massachusetts does not use letter classifications but lesser felonies can involve varying penalties including prison time.
Michigan
Under Michigan Compiled Laws Section 750.356:
- Michigan categorizes felonies by degrees, with lesser degrees similar to Class D involving varying terms of imprisonment.
Under Minnesota Statutes Section 609.13:
- Minnesota felonies not classified by letter, but lesser felonies may involve short terms of imprisonment or probation.
Under Mississippi Code Section 97-23-43:
- Mississippi does not use letter classifications but lesser felonies can include up to 5 years in prison.
Under Missouri Revised Statutes Section 558.011:
- Class D felonies are punishable by up to 7 years in prison.
Under Montana Code Annotated Section 45-6-301:
- Montana does not classify felonies by letter but lesser felonies can involve varying terms of imprisonment.
Under Nebraska Revised Statutes Section 28-105:
- Class IV felonies, similar to Class D, are punishable by up to 2 years in prison and fines up to $10,000.
Under Nevada Revised Statutes Section 193.130:
- Category E felonies, comparable to Class D, 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 D, are punishable by up to 7 years in prison.
Under New Jersey Statutes Section 2C:43-6:
- Fourth degree crimes, similar to Class D felonies, are punishable by up to 18 months in prison.
Under New Mexico Statutes Section 31-18-15:
- New Mexico felonies are not classified by letters but lesser felonies can involve varying penalties.
Under New York Penal Law Section 70.00:
- Class D felonies are punishable by 2 to 7 years in prison.
Under North Carolina General Statutes Section 14-1.1:
- Class I felonies, similar to Class D, are punishable by 3 to 12 months in prison based on prior record.
Under North Dakota Century Code Section 12.1-32-01:
- Class C felonies, similar to Class D, are punishable by up to 5 years in prison and fines up to $10,000.
Under Ohio Revised Code Section 2929.14:
- Fifth-degree felonies, comparable to Class D, are punishable by 6 to 12 months in prison and fines up to $2,500.
Under Oklahoma Statutes Section 21-701.9:
- Oklahoma does not use letter classifications for felonies but includes various felonies punishable by a minimum of one year in state prison.
Under Oregon Revised Statutes Section 161.605:
- Class C felonies, similar to Class D, are punishable by up to 5 years in prison and fines up to $125,000.
Under Pennsylvania Consolidated Statutes Section 1104:
- Third-degree felonies, similar to Class D, are punishable by up to 7 years in prison.
Under Rhode Island General Laws Section 11-1-2:
- Lesser felonies in Rhode Island, similar to Class D, may involve sentences up to several years depending on the crime.
Under South Carolina Code Section 16-1-20:
- Class F felonies, comparable to Class D, are punishable by up to 5 years in prison.
Under South Dakota Codified Laws Section 22-6-1:
- Class 6 felonies, similar to Class D, are punishable by up to 2 years in prison and fines up to $4,000.
Under Tennessee Code Annotated Section 40-35-111:
- Class E felonies, comparable to Class D, are punishable by 1 to 6 years in prison and fines up to $3,000.
Under Texas Penal Code Section 12.33:
- State jail felonies, similar to Class D, are punishable by 180 days to 2 years in state jail and fines up to $10,000.
Under Utah Code Section 76-3-203:
- Third-degree felonies, similar to Class D, are punishable by up to 5 years in prison and fines up to $5,000.
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 6 felonies, similar to Class D, are punishable by 1 to 5 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 C felonies, comparable to Class D, are punishable by up to 5 years in prison and fines up to $10,000.
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 I felonies, similar to Class D, are punishable by up to 3.5 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.
Pretrial Diversion for Class D Felonies
Class D felonies are generally the least serious types of felonies under most state laws. That is why some states, such as Kentucky, have pretrial diversion programs for certain convicted criminals who are convicted of class D felonies and do not have an extensive criminal record. Pretrial diversion is extremely valuable if you can qualify for it because you can possible avoid going to prison. In some cases, it may even be possible to have the charge removed from your record.
It varies by state, but certain individuals charge with a class D felony may qualify for pretrial diversion if they have not had a felony conviction in the previous 10 years, or they have not been on parole or released on probation or released from prison for a felony in the previous 10 years.
Some states have laws that will not allow some class D felonies to be diverted, such as sex crimes and violence against children. Also, some states will not allow you to participate in pretrial diversion more than once every five years. It is common in some states for first time felony drug possession charges to be possibly eligible for pretrial diversion.
After you are indicted with a class D felony, you generally would apply for pretrial diversion through the circuit court and the state attorney. This is known as entry of a pretrial diversion order. If an agreement can be reached between your defense attorney and the state’s attorney, you would then plead guilty and waive your right to have a speedy trial. If the judge gives his assent, a pretrial diversion order will be entered and you may be able to avoid jail time. Below are some of the typical requirements to stay in pretrial diversion:
- Pretrial diversion may last up to five years
- If you are convicted of other crimes during this period, any prison time you avoided will be added onto prison time for the new violation
- You must obey all rules and regulations that are laid out by your state parole and probation office
- Possessing a firearm or other deadly weapon is prohibited
- You generally have to remain drug and alcohol free during pretrial diversion and may be subject to random drug testing
- If the class D felony for which you received pretrial diversion resulted in economic loss to a victim, you may have to make restitution to the victim
The qualifications and rules for pretrial diversion for class D felonies vary significantly by state. Overall, if you can qualify for pretrial diversion, it is extremely valuable and desirable. You can not only avoid jail time; you also can possibly have the case voided and removed from your permanent criminal record.
An experienced criminal defense attorney is very important in possibly obtaining your pretrial diversion or a reduced or suspended sentence for a class D felony. Some prosecutors are amenable to these types of deals because many state prisons are crowded with more serious offenders. Alternative programs such as probation, pretrial diversion and home incarceration do not add more numbers to the prison population.
Probation and other types of community sentencing is available in some states, such as Delaware, if the crime did not involve violence. However, if the felony has aggravating factors, punishments can be enhanced and programs such as pretrial diversion may not be possible.
For instance, if you commit second degree assault in Connecticut with a gun, you have to serve at least a year in prison; pretrial diversion is not an option. In Iowa, if you are an habitual offender, you automatically have three years added to your sentence with no pretrial diversion or other programs possible.
Class D Felony Loss of Rights and Benefits
States vary on punishments and sentences for class D felonies, but once you are convicted, you will most likely lose these important rights:
- Right to vote
- Right to keep and bear arms
- Serve on a jury
- Qualify for affordable housing
- Hold certain occupations, such as lawyer, accountant and certain jobs in the healthcare field that require a license
A class D felony has serious consequences in terms of living and working. Many employers and landlords fear that having one felony conviction on your record makes it more likely you will commit another crime in the future. If you have a class D felony on your record, it is recommended to work with state agencies to find the names of companies and housing developments in your area that will accept a convicted felon.
Most Common Class D Felony Questions
Here are answers to the top 20 questions about Class D felonies:
- What is a Class D felony?
- A Class D felony is the lowest level of felony charges in jurisdictions that use a letter classification system, usually involving less severe criminal offenses.
- What crimes are considered Class D felonies?
- Class D felonies can include crimes like petty theft, low-level drug offenses, and minor assault charges, depending on the state’s laws.
- How serious is a Class D felony?
- Although it’s the least severe class of felony, it’s more serious than a misdemeanor and can still carry significant legal consequences.
- What are the penalties for a Class D felony?
- Penalties typically include fines, probation, and possible imprisonment for up to six years, varying by state.
- Can a Class D felony be expunged?
- In some states, Class D felonies can be expunged from a criminal record, depending on the crime, behavior post-conviction, and the state’s laws.
- What is the difference between a Class D felony and a misdemeanor?
- Class D felonies are more serious than misdemeanors and result in harsher penalties, including longer jail time and larger fines.
- How does a Class D felony affect employment?
- A Class D felony conviction can hinder job prospects, as employers may hesitate to hire someone with a felony record, especially in certain industries.
- Can I own a firearm if I have a Class D felony conviction?
- Generally, individuals with a felony conviction, including Class D, are prohibited from owning firearms under federal law.
- What are the consequences of a Class D felony on voting rights?
- Felony convictions, including Class D, can affect voting rights, with many states restricting voting during incarceration and sometimes during parole or probation.
- How long does a Class D felony stay on your record?
- A Class D felony typically remains on your record indefinitely unless expunged or sealed under specific state provisions.
- Is jail time mandatory for a Class D felony?
- Jail time is not always mandatory for Class D felonies; sentences can include probation or suspended sentences depending on the case details and jurisdiction.
- Can a Class D felony be reduced to a misdemeanor?
- It’s possible to have a Class D felony reduced to a misdemeanor through plea bargaining or demonstrating good behavior if state laws allow.
- What defenses are available for someone charged with a Class D felony?
- Defenses might include lack of intent, mistaken identity, insufficient evidence, or constitutional violations during the arrest or investigation.
- How does a Class D felony affect immigration status?
- A Class D felony can negatively impact immigration status, leading to denied visas, deportation, or barred re-entry, depending on the nature of the crime.
- What is the statute of limitations for Class D felonies?
- The statute of limitations varies by state but typically ranges from 3 to 5 years for Class D felonies.
- How can I clear a Class D felony from my record?
- Clearing a record may involve applying for expungement or sealing of the record, if eligible under state law, often after meeting certain conditions like a waiting period.
- What impact does a Class D felony have on professional licensing?
- A Class D felony can affect professional licensing, with many boards requiring disclosure of felony convictions, which can affect eligibility and approval.
- Can you travel internationally with a Class D felony?
- International travel can be restricted with a felony record; some countries deny entry to individuals with certain types of criminal records.
- How does a Class D felony differ from other felony classes?
- Class D felonies are less severe than Class C, B, and A felonies, which involve more serious crimes with correspondingly harsher penalties.
- What are the guidelines for probation or parole for Class D felonies?
- Guidelines vary by state but generally include regular check-ins with a parole officer, restrictions on certain activities, and compliance with the law during the probationary period.
References
- Class D Felony Overview. (n.d.). Retrieved from https://www.legalmatch.com/law-library/article/class-d-felony.html?intakeredesigned=1
- Overview of Class D Felony. (n.d.). Retrieved from https://www.superpages.com/em/class-d-felony/