Archives for Felony Offenses

Embezzlement

Embezzlement is an unclassified felony carrying a minimum of 1 year up to 20 years imprisonment. The offense is essentially a theft offense. The elements of this offense is to take anything of value from the rightful owner with the intent to permanently deprive while in a position of trust such as an employee or trustee. These cases can be difficult to prove and often involve complicated investigations of documents, banking and other record.
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Drug Possession and Distribution

There are many forms of drug possession and distribution ranging from misdemeanor to serious felony cases. Generally simple possession of a schedule three drug such as marijuana is a misdemeanor and there are alternatives to conviction available for first offenders. Schedule one and two drugs such as heroin and cocaine are felonies and have greater consequences but still have a first offender program available. Distribution is generally more serious and carries greater penalties than simple possession.
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Conducting Gambling Operations

Conducting an illegal gambling operations is a class six felony which carries not less than 1 up to 5 years in prison or at the discretion of the Judge or jury up to 12 months incarceration in jail and up to a $2,500 fine, either or both. If the operation has continued for more than 30 days in a row or has gained $2,000 or more per day there is a mandatory penalty of not less than 1 year up to 10 years in prison and a fine of up to $20,000.
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Computer Crimes

There are a number of crimes involving the use of a computer and not all can be discussed here. The penalty ranges for these offense run from class one misdemeanors up to class four felonies. Usually but not always these offenses are charged in conjunction with other separate charges for an underlying offense such as soliciting a minor for a sex act through the use of a computer. These cases present a unique set of challenges. It is often difficult to determine who is the actual user of the computer. There are sometimes questions of how the computer was obtained by the police and examined, and many other variables that are too numerous to explain.
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Check Fruad, Forgery and Forging a Public Document

These crimes are class four and class five felonies. A class four felony carries not less than 2 and up to 10 year incarceration and a fine of up to $100,000. A class five carries not less than 1 up to 10 year incarceration or up to 12 months in jail and up to a $2,500, either or both. There are some offenses that can be misdemeanors depending on the circumstances. The main elements of these crimes is the use of any forged instrument with the intent to obtain any goods or services or to avoid prosecution or identifying oneself to the police or other public agency or official.
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Burglary

Burglary is a class three felony punishable by not less than 5 years and up to life in prison and a fine of up to $100,000. There are other statutory classifications of the crime that can be charged that carry other penalty ranges depending on the exact statute used in charging the client and the specific circumstances of the offense.
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Auto Theft

Auto theft is a grand larceny if the value of the vehicle is greater than 200. It is an unclassified felony and if punishable by not less than 1 up to 20 years in prison. At the discretion of the Judge or Jury you could also receive up to 12 months in jail and a fine of not more than $2,500.
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Assault on a Police Officer

This Charge is a class six felony that carries 1 year up to 5 years imprisonment and a minimum mandatory period of incarceration of not less than 6 months. Assault on a Police Officer is the same charge as simple assault and battery with the exception that it is done to a police officer in the performance of his or her official duties. It is not necessary that the officer actually be injured.
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Arson

Arson is a felony punishable by not less than 5 years up to life in prison and a fine of up to $100,000 if the structure is an occupied dwelling or used for that purpose. If any other structure or thing is burned it is a class four felony punishable by not less than 2 years up to 10 years in prison.
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