Define: Felony-De-Se

A felony de se refers to a serious crime that is inherently evil or morally wrong. It is a legal term used to describe offenses that are universally recognized as heinous, such as murder, rape, or treason.

Unlike other felonies, a felony de se is considered to be inherently evil or morally wrong. This distinction is important because it may impact the severity of the punishment or the perception of the crime in the eyes of the law.

The consequences of committing a felony de se can vary depending on the jurisdiction and the specific offense. However, in general, individuals convicted of a felony de se may face significant prison sentences, hefty fines, probation, mandatory counseling, or other penalties deemed appropriate by the court.

Expungement laws vary by jurisdiction, but in many cases, felony de se offenses are not eligible for expungement. These crimes are often considered too serious to be erased from a person’s criminal record.

In some cases, a skilled defence attorney may be able to negotiate a plea bargain with the prosecution to reduce a felony de se charge to a lesser offense. However, this will depend on the specific circumstances of the case and the discretion of the prosecutor.

Felony de se offenses are typically intentional acts that involve a high level of criminal intent. Accidental actions, such as unintentional harm caused during a lawful activity, would not typically be classified as a felony de se.

Juvenile laws vary by jurisdiction, but in some cases, a minor may be charged with a felony de se if they commit a crime that meets the criteria for this classification. However, the specific consequences and procedures for juvenile offenders may differ from those for adults.

The power to pardon or commute sentences lies with the executive branch of government, typically the governor or president. While it is possible for a felony de se to be pardoned or have its sentence commuted, these decisions are rare and often require compelling reasons or evidence of wrongful conviction.

Certain felony de se offenses, such as treason or federal drug trafficking, can be charged as federal offenses. This means that they fall under the jurisdiction of federal courts and are subject to federal laws and penalties.

In some jurisdictions, a prior conviction for a felony de se can be used to enhance the sentencing for subsequent offenses. This means that if an individual has a previous conviction for a felony de se, they may face more severe penalties if convicted of another crime.