I'll try to make this as short as possible: I was talking about my fiancé’s brother at lunch today and the subject of his nice little bomb threat at his high school came up. I mentioned how it's sad that he will be charged with a felony at 17 and how that pretty much sums up his life, and my fiancé said that I was wrong. He said that for someone to commit a felony they have to go to jail for at least 2 years. I just kind of bit my tongue and rolled my eyes. I'm almost positive he's wrong.
The kid is being charged with threatening to bomb a public building and with conspiracy. He served about 2 weeks in a juvenile center, and has been on house confinement for about 6 months.
So if he's charged (which he will be) will this be considered a felony?
2007-08-31 16:24:11 · 18 answers · asked by eamc55 2 in Politics & Government ➔ Law Enforcement & Police
I don't know if this adds anything, but the little brother has been charged with several misdemeanors before (shooting at school busses, throwing eggs at pregnant women, a few other things) and all of the cases have gone through the same judge.
2007-08-31 16:40:17 · update #1
wow, lots of answers.
He lives in Rhode Island
And he's being charged as an adult. I guess he did it with another kid, and he's being charged as a minor? I prefer to stay out of that whole situation... It just makes everyone upset.
2007-09-01 02:17:31 · update #2
Yeah a bomb threat is most certainly a felony. They may have gotten the charges reduced a bit. But bottom line, you can be convicted of a felony and never serve a day in jail It only means you broke a federal law and not a state law. For example,takig someone else's mail is a felony, but you likely would not serve time even if convicted.
2007-08-31 16:32:39 · answer #1 · answered by CB 7 · 0⤊ 0⤋
Felony refers to a crime which is charged under a Federal statute rather than a State or Local one. These are usually the more severe crimes and, as such, elicit a more severe penalty. I don't know if that particular charge is a felony; but my guess is that they will plea bargain it down to a lesser offense. Unless there actually was violence committed, the courts would not want to saddle someone so young with a felony conviction.
2007-08-31 16:31:03 · answer #2 · answered by Terri J 7 · 0⤊ 0⤋
Whenever you are talking law you should always include what state you live in as laws can vary state to state,
The simple answer is that in most states a felony is any offense punishable by more than one year in prison.
It doens't mean you actually have to go to prison for a year or more. It simply means you have been charged with an offense that can be punishable by more than a year in prison. What the actualy outcome of the trial, plea agreement, etc has nothing at all to do with it.
2007-09-01 02:24:46 · answer #3 · answered by Ellessar A. 2 · 0⤊ 0⤋
the charge not the sentance makes an offense a felony.
Each criminal charge is given a type of rating like a class A,B,C misdemener or a felony with a rating like a class X felony.
Each rating has a sentencing guidline that goes along with it which depends on its severity.
In most states misdemeners are given under a year and are served in the county jail while felonies are served in a state or federal prison.
2007-08-31 18:18:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Probably not. It is very state particular, but if he is not charged as an adult, he will just be adjudicated delinquent, which is not a crime at all. As a matter of fact, it is considered to be a civil matter. Also, from a practical stand point, it is very unlikely that a Judge would be compelled to ruin this kids life for what really was just a malicious prank. As long as no one was hurt, I think he has probably gotten the difficult part of his consequences behind him.
When he turns 18, his juvenile records will be sealed.
2007-08-31 16:42:13 · answer #5 · answered by the hump 3 · 0⤊ 0⤋
The crime is a felony if it COULD be punished by more than one year in prison.
So as of today, he has been convicted of a felony. But since he is being treated as a juvenile, his record can be expunged when he turns 18.
When the record is expunged, he may lawfully answer that he has was not convicted of a felony, as officially, it is erased as if it never happened.
2007-08-31 16:36:41 · answer #6 · answered by BruceN 7 · 0⤊ 0⤋
Your BF is wrong on the felony definition (minimum 2 years prison)
As for this specific case and the charges, you should be able to check public records or with the prosecuting attourney's office and see if it will be a felony.
2007-08-31 16:30:26 · answer #7 · answered by Will Y 3 · 0⤊ 0⤋
He could be charged as a juvenile and the records be sealed. In my state a felony is a crime punishable by at least a year in jail.
2007-08-31 16:32:28 · answer #8 · answered by breeze1 4 · 0⤊ 0⤋
Yes, it could be considered a felony and at age 17 he will most likely be held to adult standards. Your fiance is, um, wrong. It is the crime, not the length of punishment, that determines its classification. Many of your answers have dealt with the sentencing, not the crime. The information they are giving is correct, just not correct to your question.
2007-08-31 16:32:28 · answer #9 · answered by ragann63 3 · 0⤊ 0⤋
You both are wrong...it is a felony if you are in jail for over one year...if it is a year and one day you have to do prison time and it is a felony. If he just did 2 weeks and is now on house arrest it is probably just a misdemeanor.
2007-08-31 16:30:35 · answer #10 · answered by tlfluvsgwen 2 · 0⤊ 1⤋