ANSWERS: 1
  • The sentencing guidelines for a crime are set by state and federal statute. Crimes are divided into felonies and misdemeanors, and are further graduated within each category. Sentencing guidelines vary from state to state but by definition carry a minimum one year, plus a day, sentence.

    Penalties

    Felonies always carry a jail sentence and some carry fines as well. Some states have only four classifications of felonies while others have five, including Class X felonies. For example in Utah, the penalty for a third degree felony is zero to five years in prison and is the least serious felony. In Illinois, the least serious felony is a Class 4 felony, and the sentence is one to three years in prison and/or a fine of up to $25,000.

    Voting

    In nearly all states, felons lose their voting privileges for the term of their incarceration. In some states your rights are restored upon sentence completion. In other states you must petition for a restoration of your rights and in a few states, you are banned from voting for life.

    Holding Office

    All but two states deny a felon the right to hold office while imprisoned. Many states require a potential officeholder to be a registered voter, and thus felons cannot hold office until voting rights have been restored. Others require a waiting period after sentence completion and five states permanently deny convicted felons the right to hold public office.

    Federal

    If the felony is a federal offense, disenfranchisement as a result of convictions affects a myriad of issues including gun ownership, federal jobs, stocks you can have a controlling interest in, commodities trading, enlistment in the armed forces, and you could lose veteran's benefits, including your pension. Ironically, nothing bars you from running for a federal elected office.

    Drugs

    If you have been convicted of a Class 3 felony, and it was for drugs, you can lose your right to employment in certain fields, you can be denied housing, and you can lose your ability to get federal financial aid for your education.

    Source:

    Utah Sentencing Commission: What are sentencing guidelines?

    Illinois Criminal Defense Lawyer: Illinois Criminal Code and Laws

    Brigham Young University Law Review: The prisoner's campaign: Felony disenfranchisement laws and the right to hold public office

    More Information:

    Alan Ellis: Federal Felony Conviction, Collateral Civil Disabilities

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