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Topic: Commit a felony

	Cal Pen Code § 182 (2004)
		If the felony is one for which different punishments are prescribed for different degrees, the jury or court which finds the defendant guilty thereof shall determine the degree of the felony the defendant conspired to commit.
		If the degree is not so determined, the punishment for conspiracy to commit the felony shall be that prescribed for the lesser degree, except in the case of conspiracy to commit murder, in which case the punishment shall be that prescribed for murder in the first degree.
		If the felony is conspiracy to commit two or more felonies which have different punishments and the commission of those felonies constitute but one offense of conspiracy, the penalty shall be that prescribed for the felony which has the greater maximum term.
	www.amadorcriminaldefense.com /pc182.html (500 words)

	Converted WP file /web/download/n/opinion/Holding/01ca-073
		Both arguments are premised on the assumption that one cannot be convicted of attempt to commit child abuse because an attempt to commit a felony requires specific intent to commit the felony, whereas child abuse is a strict liability crime that does not require proof of criminal intent.
		In comparison, an attempt to commit a felony requires that (1) the defendant intend to commit the felony and (2) the defendant begin to do an act which constitutes a substantial part of the felony but fails to commit the offense.
		Although an attempt to commit a felony is a specific intent crime, Johnson, 103 N.M. at 367, 707 P.2d at 1177, the intent required for attempt is not necessarily inconsistent with the intent required for intentional child abuse.
	www.supremecourt.nm.org /pastopinion/VIEW/01ca-073.html (4364 words)

	Statutes & Constitution :View Statutes : Online Sunshine
		The felony for which the defendant is to be sentenced, and one of the two prior felony convictions, is not a violation of s.
		In the case of a life felony or a felony of the first degree, for life, and such offender shall not be eligible for release for 15 years.
		For an offense committed on or after July 1, 1999, a defendant sentenced under this section as a three-time violent felony offender shall be released only by expiration of sentence and shall not be eligible for parole, control release, or any form of early release.
	www.leg.state.fl.us /Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0775/Sec084.htm (2439 words)

	Proposed Jury Instruction for Felony Murder (Site not responding. Last check: 2007-10-31)
		This concept, known as the felony-murder doctrine, applies where the commission of the enumerated felony or the attempt to commit the enumerated felony and the homicide or death of the victim were part of one continuous transaction, and were closely related in point of time, place and causal connection.
		Rather, the State of West Virginia must prove beyond a reasonable doubt all of the elements of the enumerated felony committed or attempted, the defendant's participation therein, and the death of the victim resulting therefrom.
		Under the felony- murder doctrine, the State is required to prove (1) the commission of or attempt to commit one or more of the enumerated felonies; (2) the defendant's participation in such commission or attempt; (3) the death of the victim as a result of injuries received during the course of such commission or attempt.
	www.state.wv.us /wvsca/jury/crim/felony.htm (311 words)

	OSCN Found Document:Becker v State
		Mere solicitation or planning and devising means to commit a felony cannot be prosecuted under the law as an "attempt" to commit a felony.
		the robbery to be committed at all, the witness Reimer was an accomplice, and the question as to whether or not he was an accomplice is a question of law for the court, and not a question for the jury, and the jury should be so instructed.
		The general rule is that acts of the party must proceed beyond mere preparation before that party is guilty of an offense of attempt to commit a felony, and have construed acts of defendants as mere acts of the defendant preparatory of an attempt to rob.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeid=38597 (3011 words)

	Opinion #5208
		A person who receives a mandatory sentence for being in possession of a firearm when committing or attempting to commit a felony is not entitled to receive a reduction from such sentence by virtue of the good time law.
		The intent of the legislature to impose stringent measures on persons convicted of possessing a firearm while committing or attempting to commit a felony is borne out by the legislative history of the statute.
		From the foregoing, it is clear that you are correctly adding the mandatory 2 year term for possession of a firearm to the minimum and maximum dates of indeterminate sentences for committing a felony or attempted felony for determining parole eligibility and release dates.
	www.ag.state.mi.us /opinion/datafiles/1970s/op05208.htm (1764 words)

	Felony Defense
		Felonies include both violent and non-violent crimes, such as grand theft, embezzlement of large sums of money, first degree assault, or assault that causes severe bodily harm, all degrees of murder, rape, racketeering, large scale fraud, kidnapping, and serious drug crimes.
		For example, if an accidental death occurs during the commission of a felony, some states classify the crime as murder, while the crime is manslaughter if the death occurs during the commission of a lesser offense.
		If a person is convicted of a felony, he or she may find that his or her rights may be restricted more than those of a person convicted of a misdemeanor.
	gaychackermittin.lawoffice.com /CM/FSDP/PracticeCenter/Criminal-Law/Criminal-Defense.asp?focus=topic&id=2 (726 words)

	Highbeam Encyclopedia - Search Results for felony (Site not responding. Last check: 2007-10-31)
		felony FELONY [felony], any grave crime, in contrast to a misdemeanor, that is so declared in statute or was so considered in common law.
		In early English law a felony was a heinous act that canceled the perpetrator's feudal rights and forfeited his lands and goods to the king, thus depriving his
		Clarence Earl Gideon was convicted of a felony in a Florida court.
	www.encyclopedia.com /articles/04415.html (563 words)

	FELONY MURDER/LACK OF INTENT
		The defendant argued that a felony murder instruction was given and the evidence did not show that the defendant had the requisite intent to kill.
		A felony murder conviction is not relevant to a determination of mitigation where the defendant intended to kill or knew with substantial certainty that his conduct would cause death.
		The giving of a felony murder instruction is not relevant where the defendant intended to kill the victim or where the defendant knew with substantial certainty that his conduct would cause death.
	www.supreme.state.az.us /courtserv/CrtProj/capsentguid/page32b.htm (4875 words)

	NE Law Express (Site not responding. Last check: 2007-10-31)
		The intent with which an act is committed is a mental process and may be inferred from the words and acts of the defendant and from the circumstances surrounding the incident.
		Pruett contended that he cannot be convicted of both manslaughter and use of a weapon to commit a felony because both manslaughter and the act of reckless assault are unintentional crimes.
		The State countered by arguing that Pruett intentionally committed the crime of reckless assault and, thus, committed a felony which can serve as the basis for his conviction of use of a weapon to commit a felony.
	www.nebar.com /resources/nelawexpress/scjournals/2002sc/scfeb1.htm (10379 words)

	[No title]
		If the State does present substantial evidence that the defendant possessed the intent to commit a particular felony, the trial court is required to instruct the jury that it may convict the defendant of first degree burglary if the jury finds the defendant possessed the intent to commit that particular felony.
		Wyatt "with the intent to commit a felony therein: first degree sexual offense." The language following the colon is surplusage and may be disregarded.
		There being substantial evidence of the felony which defendant intended to commit, the trial court was required to instruct the jury that it could convict defendant of first degree burglary if it found that he possessed the intent to commit a second degree sexual offense at the time he broke and entered Ms.
	www.ibiblio.org /pub/docs/nc-supreme-court/jun0794/roten (1164 words)

	Felony Bail Schedule
		Assault with the intent to commit mayhem, rape, sodomy, or oral copulation.
		Use of firearm in commission of felonies specified in Appendix A. Intentional infliction of GBI or death by discharging firearm from vehicle.
		Assault with intent to commit rape or robbery.
	www.saccourt.com /criminal/bailsch/felonybail/AppendixB.asp (654 words)

	Review Existing H.B. Analysis
		Expands the offense of murder by prohibiting a person from causing the death of another as a proximate result of the offender's committing or attempting to commit a felony offense of violence.
		It prohibits a person from causing the death of another as a proximate result of the offender's committing or attempting to commit a felony offense of violence.
		1) that is a felony and does not include an offense of violence that is a misdemeanor on a first offense and that becomes a felony only if the offender previously has been convicted of that offense or another specified offense.
	lsc.state.oh.us /coderev/anh122.nsf/0/8a8975267547f34e8525654d00496f31?OpenDocument (658 words)

	Session :Bills : : flsenate.gov
		Any person who is convicted of a felony or an 27 attempt to commit a felony, regardless of whether the use of a 28 firearm is an element of the felony, and the conviction was 29 for: 30 a.
		Any person who is convicted of a felony or an 5 attempt to commit a felony listed in subparagraph (a)1., 6 regardless of whether the use of a weapon is an element of the 7 felony, and during the course of the commission of the felony 8
		Provides that a person whose felony conviction is reclassified under certain specified circumstances 18 because of the person's possession of a semiautomatic firearm and its high-capacity detachable box magazine or 19 a machine gun may also, in addition to the reclassification, be required to pay a fine of up to 20 $25,000.
	www.flsenate.gov /cgi-bin/view_page.pl?Tab=session&Submenu=1&FT=D&File=sb0270.html&Directory=session/2005/Senate/bills/billtext/html (1361 words)

	[No title]
		By enacting a statute that forbids prostitution and another which forbids solicitation to commit a felony, the General Assembly has not drawn a distinction or made a classification between individuals who are similarly situated.
		The fact that solicitation to commit prostitution is a misdemeanor and is, therefore, considered a less serious crime than solicitation to commit a felony, which includes solicitation to commit sodomy, does not create an impermissible classification between groups of people similarly situated.
		The General Assembly, to whose judgment such matters are committed, has provided that persons who solicit others to commit a felony, including sodomy, are guilty of a felony.
	www.courts.state.va.us /txtops/0780961.txt (2250 words)

	Public Defender Service - The Criminal Law Database
		Aggravated felonies are enumerated by statute at INA § 101(a)(43).
		In the immigration context, the term “aggravated felony” is not analogous to the use of that same term under federal criminal law.
		A non-citizen convicted of an aggravated felony is ineligible for release on bond from immigration custody, and is ineligible for asylum, cancellation of removal, or waiver of removal (if the person was a legal permanent resident at the time of his/her conviction).
	www.pdsdc.org /CriminalLawDatabase/ImmigConsequences.asp (3497 words)

	Burglary - Orange County Criminal Defense Attorney
		Burglary is the crime of breaking and entering a building with intent to steal something or commit a felony inside – even if the person or persons doing the breaking and entering end up committing the felony or not.
		First-degree burglary, or residential burglary, is a felony and a strike and carries with it a sentence of probation or 2, 4 or 6 years in state prison.
		The distinction between misdemeanors and felonies in second-degree burglary cases is based on the value of the property taken.
	www.jakebrower.com /practice-areas/burglary.html (321 words)

	Judge Drops One Charge in I.V. Case - Daily Nexus Online (Site not responding. Last check: 2007-10-31)
		A superior court judge on Monday dismissed one of the felony charges brought against five of eight defendants in a videotaped assault case that occurred in Isla Vista in September 2000.
		The suspects were arrested last June after the I.V. Foot Patrol received a videotape they said shows the defendants force-feeding alcohol to a male 19-year-old victim, stripping and urinating on him, and finally leaving him on a couch in the middle of the street on the 6600 block of Trigo Road.
		A grand jury charged the suspects with various counts of felony battery with serious bodily injury, felony administering an intoxicating agent with the intent to commit a felony, felony kidnapping, misdemeanor sexual battery and misdemeanor battery.
	www.ucsbdailynexus.com /print_article.php?a=2541 (693 words)

	California Criminal Defense Felony DUI Attorney, Felony Defense Lawyer, Felony Los Angeles, Felony Law Firm, Child ...
		All the state needs to prove is that you had the intent to steal something or commit a felony when entering a building, the state does not have to prove that you actually stole something or committed a felony.
		First degree burglary which is always a felony and a strike, and second degree burglary which can be charged as a misdemeanor or a felony and is not a strike.
		If another felony is committed by a person with one strike he/she will serve no less than 80 percent of any jail or prison time and the potential prison sentence will be doubled.
	www.wklaw.com /areas_burglary.html (1037 words)

	Table of Contents
		Rhode Island law requires that an individual convicted of a felony wait ten years from the end of his or her sentence to have a criminal record expunged, which is moderate compared to similar guidelines in other states which range from three years to fifteen years.
		Despite the fact that expungement is strictly denied for individuals seeking to expunge felony convictions with any prior convictions or prior arrests in the 10 years prior to the filing of a motion to expunge, there were a significant number of cases where this provision was not honored.
		The decision to expunge felony convictions is entirely discretionary once a case is eligible under the statute.
	www.brown.edu /Departments/Taubman_Center/FOI/HTML/expungement1.html (6806 words)

	Subchapter I. Inchoate Crimes (Site not responding. Last check: 2007-10-31)
		(2) Agrees to aid another person or persons in the planning or commission of the felony or an attempt or solicitation to commit the felony; and the person or another person with whom the person conspired commits an overt act in pursuance of the conspiracy.
		Attempt to commit a crime is an offense of the same grade and degree as the most serious offense which the accused is found guilty of attempting.
		(a) In any prosecution for criminal solicitation or conspiracy in which the crime solicited or the crime contemplated by the conspiracy was not in fact committed, it is an affirmative defense that, under circumstances manifesting a voluntary and complete renunciation of the criminal purpose, the accused prevented the commission of the crime.
	www.delcode.state.de.us /title11/c005/sc01 (1063 words)

	Have You Ever Been Convicted Of A Felony?
		But let's say we had a system where you could commit a felony, and not be convicted of a felony.
		The change is this -- a major U.S. corporation that commits a felony no longer has to plead guilty to a felony.
		It used to be that a corporation caught committing a serious crime would be convicted of committing a serious crime.
	www.commondreams.org /cgi-bin/print.cgi?file=/views06/0307-28.htm (746 words)

	nyart115 (Site not responding. Last check: 2007-10-31)
		The person facilitated was not guilty of the underlying felony owing to criminal irresponsibility or other legal incapacity or exemption, or to unawareness of the criminal nature of the conduct in question or to other factors precluding the mental state required for the commission of such felony; or
		The defendant himself is not guilty of the felony which he facilitated because he did not act with the intent or other culpable mental state required for the commission thereof.
		A person shall not be convicted of criminal facilitation upon the testimony of a person who has committed the felony charged to have been facilitated unless such testimony be corroborated by such other evidence as tends to connect the defendant with such facilitation.
	wings.buffalo.edu /law/bclc/web/NewYork/nyart115.htm (338 words)

	StudyCrime.com -- Burglary
		The fifth element required that the burglary had to be committed at night, which was defined under the common law as the time when the person's face could not readily be distinguished under the natural light.
		Finally, the sixth element required "intent to commit a felony therein." This intent had to exist at the time of the breaking and entering, even if the felony (e.g.
		In most jurisdictions in the United States, burglary is a felony and involves trespassing, or entering a building with intent to commit any crime, not necessarily a felony or theft.
	www.studycrime.com /burglary.html (1058 words)

	[No title]
		An enhanced penalty is also imposed on any person who commits or attempts to commit a felony against the property of a public agency or private institution because the property is identified or associated with a person who is a member of, or a group that is included within, one of the groups specified above.
		Additionally, existing law imposes enhanced penalties on a person who commits or attempts to commit a felony because of the victim's race, color, religion, nationality, country of origin, ancestry, disability, or sexual orientation, and on a person for each prior felony conviction committed because of the victim's membership in any of the groups just specified.
		The Legislature, however, further finds that the State of California is in a state of crisis which has been caused by violent street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods.
	info.sen.ca.gov /pub/97-98/statute/ch_0901-0950/ch_933_st_1998_ab_1999 (2064 words)

	Common Crime Definitions (Site not responding. Last check: 2007-10-31)
		Burglary is the unlawful entry of a structure to commit a felony or theft.
		Attempts are included since it is not necessary that an injury result when a gun, knife, or other weapon is used which could and probably would result in serious injury if the crime were successfully completed.
		Assaults or attempts to commit rape by force or threat of force are also included.
	www.tulsapolice.org /CrimeAnalysis/common_crimes.html (420 words)

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