In many common law jurisdictions, such as England and Wales, Ireland, Canada, Australia, and New Zealand, crimes are no longer classified as felonies or misdemeanors.
In the United States, where the felony–misdemeanor distinction is still widely applied, the federal government defines a felony as a crime punishable by death or imprisonment in excess of one year.
While felony charges remain serious, concerns of proportionality (i.e., that the punishment fits the crime) have since prompted legislatures to require or permit the imposition of less serious punishments, ranging from lesser terms of imprisonment to the substitution of a jail sentence or even the suspension of all incarceration contingent upon a defendant's successful completion of probation.
[6][7][8] Standards for measurement of an offense's seriousness include attempts[9] to quantitatively estimate and compare the effects of a crime upon its specific victims or society generally.
The reform of harsh felony laws that had originated in Great Britain was deemed "one of the first fruits of liberty" after the United States became independent.
Usually, the legislature also determines the maximum punishment allowable for each felony class; doing so avoids the necessity of defining specific sentences for every possible crime.
The status and designation as a "felon" is considered permanent and is not extinguished upon sentence completion even if parole, probation or early release was given.
In some neighborhoods with high rates of felony conviction, this creates a situation in which many felons live under a constant threat of being arrested for violating parole.
[26] In some states, restoration of those rights depends on repayment of various fees associated with the felon's arrest, processing, and prison stay, such as restitution to victims, or outstanding fines.
Many states do not allow expungement, regardless of the offense, though felons can seek pardons and clemency, potentially including restoration of rights.
[33] Sir William Blackstone wrote in the 18th century that felony "comprises every species of crime, which occasioned at common law the forfeiture of lands or goods".
However he concedes that "the idea of felony is indeed so generally connected with that of capital punishment, that we find it hard to separate them; and to this usage the interpretations of the law do now conform.
[38] A felony (Verbrechen, a word also translated in less technical contexts as simply "crime") is defined in the Strafgesetzbuch (Criminal Code, StGB) as an unlawful act (rechtswidrige Tat) that is punishable with a minimum of one year's imprisonment.
[43][44] Minister Joan Burton, introducing the bill in the Seanad, said "The distinction has been eroded over many years and in today's conditions has no real relevance.
[43][45] The 1937 Constitution declares that the parliamentary privilege, which protects Oireachtas members from arrest traveling to or from the legislature, does not apply to "treason, felony, and breach of the peace".