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FELONY CRIMES
Aggravated harassment
When a person with intent to harass, threaten or alarm another person because of the race, color, religion or national origin of that person.
§240.31 Aggravated harassment in the first degree
Arson
When a person recklessly or intentionally damages a building or motor vehicle through fire or an explosion. The level of felony varies if there is a person present in the building or motor vehicle, and whether another person was seriously injured or the damage would result in expected financial gain.
§150.05 Arson in the fourth degree
§150.10 Arson in the third degree
§150.15 Arson in the second degree
§150.20 Arson in the first degree
Assault
When a person causes physical injury to another person negligently, recklessly or intentionally. The degree of felony depends on age of parties involved, whether the victim was a peace or police officer, or whether a deadly weapon or dangerous instrument was used.
§120.03 Vehicular assault in the second degree
§120.04 Vehicular assault in the first degree
§120.05 Assault in the second degree
§120.06 Gang assault in the second degree
§120.07 Gang assault in the first degree
§120.08 Assault on a peace officer
§120.10 Assault in the first degree
§120.11 Aggravated assault upon a police officer
§120.12 Aggravated assault upon a person less than eleven years old
Bribery
When a person offers to give a benefit to a public servant to influence a decision. The level of felony graduates if the offered value exceeds ten thousand dollars.
§200.00 Bribery in third degree
§200.03 Bribery in the second degree
§200.04 Bribery in the first degree
Burglary
When a person knowingly enters or remains unlawfully in a building with intent to commit a crime therein. The level of felony varies depending on whether the person is armed with an explosive device or deadly weapon, causes an injury to another or displays a firearm.
§140.20 Burglary in the third degree
§140.25 Burglary in the second degree
§140.30 Burglary in the first degree
Coercion
When a person compels another person to engage in unwanted conduct by fear, and then commits felony or attempts to injure that person.
§135.65 Coercion in the first degree
Conspiracy
When a person agrees with another person to engage in or cause the performance of a crime. Is either a misdemeanor or a felony depending on the type and level of the underlying crime.
§105.05 Conspiracy in the fifth degree
§105.10 Conspiracy in the fourth degree
§105.13 Conspiracy in the third degree
§105.15 Conspiracy in the second degree
§105.17 Conspiracy in the first degree
Criminal Contempt
When a person violates an Order of Protection.
§215.51 Criminal contempt in the first degree
§215.52 Aggravated criminal contempt
Criminal Facilitation
It is probable that the defendant rendered aid to a person that intends to commit a crime.
§115.01 Criminal facilitation in the third degree
§115.05 Criminal facilitation in the second degree
§115.08 Criminal facilitation in the first degree
Criminal Mischief
When a person damages another person’s property. A higher level felony is imposed if the damage was caused by using explosives.
§140.05 Criminal mischief in the third degree
§140.10 Criminal mischief in the second degree
§140.12 Criminal mischief in the first degree
Criminal Possession of Controlled Substance
When a person knowingly and unlawfully possesses a controlled substance. The level of felony graduates depending on the type and weight of the controlled substance involved.
§220.06 Criminal possession of a controlled substance in the fifth degree
§220.09 Criminal possession of a controlled substance in the fourth degree
§220.16 Criminal possession of a controlled substance in the third degree
§220.18 Criminal possession of a controlled substance in the second degree
§220.21 Criminal possession of a controlled substance in the first degree
Criminal Possession of a Forged Instrument
When a person possesses an instrument that was made with intent to defraud, deceive or injure another, and used relating to a deed, will, public record or transportation, or pharmacy prescription.
§170.25 Criminal possession of a forged instrument in the second degree
§170.30 Criminal possession of a forged instrument in the first degree
Criminal Possession of Marijuana
When a person knowingly and unlawfully possesses marijuana in public or of weight of more than eight ounces with the level of felony graduated depending on the value of marijuana.
§221.20 Criminal possession of marijuana in the third degree
§220.25 Criminal possession of marijuana in the second degree
§220.30 Criminal possession of marijuana in the first degree
Criminal Possession of a Weapon
When a person possesses certain types of a firearm or enumerated weapons, and commits a crime, possesses any explosive device, or is under the age of sixteen.
§265.02 Criminal possession of a weapon in the third degree
§265.03 Criminal possession of a weapon in the second degree
§265.04 Criminal possession of a weapon in the first degree
Criminal Possession of Stolen Property
When a person knowingly possesses stolen property with the intent to benefit. The level of felony graduates depending on the financial worth of the property.
§165.45 Criminal possession of stolen property in the fourth degree
§165.50 Criminal possession of stolen property in the third degree
§165.52 Criminal possession of stolen property in the second degree
§165.54 Criminal possession of stolen property in the first degree
Criminal Sale of a Controlled Substance
When a person knowingly and unlawfully sells a controlled substance. The level of felony graduates with the type and weight of the controlled substance involved. The possession of a certain quantity will lead to the presumption of selling.
§220.31 Criminal sale of a controlled substance in the fifth degree
§220.34 Criminal sale of a controlled substance in the fourth degree
§220.39 Criminal sale of a controlled substance in the third degree
§220.41 Criminal sale of a controlled substance in the second degree
§220.43 Criminal sale of a controlled substance in the first degree
§220.44 Criminal sale of a controlled substance in or near school grounds
Criminal Sale of Marijuana
When a person sells marijuana with a weight exceeding twenty-five grams. The level of felony is graduated depending on the weight sold.
§221.45 Criminal sale of marijuana in the third degree
§221.50 Criminal sale of marijuana in the second degree
§221.55 Criminal sale of marijuana in the first degree
Criminal Solicitation
When a person attempts to cause another person to engage in illegal conduct. If the illegal conduct is a felony, the solicitation charge is a felony. The charge can be either a C or D felony depending on the type and level of the underlying crime.
§100.08 Criminal solicitation in the third degree
§100.10 Criminal solicitation in the second degree
§100.13 Criminal solicitation in the first degree
Criminal Tampering
Causing substantial impairment of a public service such as gas, electric, sewer, water or telephone.
§145.15 Criminal tampering in the second degree
§145.20 Criminal tampering in the first degree
Criminal Trespass
When a person knowingly enters and remains unlawfully in a building and has a deadly weapon or dangerous device.
§140.17 Criminal trespass in the first degree
Forgery
When a person defrauds, deceives or injures another by making a false instrument related to money or securities.
§170.15 Forgery in the first degree
§170.20 Criminal possession of a forged instrument in the third degree
§170.25 Criminal possession of a forged instrument in the second degree
§170.30 Criminal possession of a forged instrument in the first degree
Gang Assault
When a person intends and causes serious physical injury to another person with two or more persons present.
§120.06 Gang assault in the second degree
§120.07 Gang assault in the first degree
Grand Larceny
When a person steals property. The level of felony depends on the monetary worth of the property stolen.
§155.30 Grand larceny in the fourth degree
§155.35 Grand larceny in the third degree
§155.40 Grand larceny in the second degree
§155.42 Grand larceny in the first degree
Hate Crimes
When a person commits a crime and seeks a victim based on race, color, national origin, ancestry, gender, religion, age, disability, or sexual orientation. The effect is that the level of seriousness for the felony is increased one level.
§485.05 Hate crimes
Hindering prosecution
When a person renders criminal assistance to a person who has committed a felony.
§205.55 Hindering prosecution in the third degree
§205.60 Hindering prosecution in the second degree
§205.65 Hindering prosecution in the first degree
Homicide
Criminal negligent homicide
When a person with criminal negligence causes the death of another person.
§125.10 Criminally negligent homicide
Identity Theft
When a person intends to assume the identity of another person to defraud for gain in excess of two thousand dollars.
§190.79 Identity theft in the second degree
§190.80 Identity theft in the first degree
Insurance Fraud
When a person knowingly and intentionally presents a written statement to an insurance company containing material false or misleading statements to an insurance company.
§176.15 Insurance fraud in the fourth degree
§176.20 Insurance fraud in the third degree
§176.25 Insurance fraud in the second degree
§176.30 Insurance fraud in the first degree
§170.35 Aggravated insurance fraud
Kidnapping
When a person abducts another person.
§135.20 Kidnapping in the second degree
§135.25 Kidnapping in the first degree
Menacing
Menacing is displaying a weapon or engaging in a course of conduct that intentionally places another person in reasonable fear of physical injury or death. Menacing is a felony if the defendant has been convicted of menacing within the preceding ten years.
§120.13 Menacing in the first degree
Manslaughter
When a person causes the death of another person with intent to cause physical injury to a person. A charge of murder can be reduced to this charge if the killing took place as the result of extreme emotional disturbance. A higher level felony exists if the victim is pregnant or under eleven years old.
§125.15 Vehicular manslaughter in the second degree
§125.20 Manslaughter in the first degree
§125.25 Murder in the second degree
§125.27 Murder in the first degree
Murder
When a person causes the death of another person with intent to kill a person or recklessly engages in conduct that creates a grave risk of death to another person. The highest level felony exists when the victim is a peace, police or corrections officer, if the defendant was incarcerated, if the victim was a witness to a crime, in expectation of money, or in the furtherance of certain other felonies.
This charge can be reduced to manslaughter if the act took place as the result of extreme emotional disturbance.
§125.25 Murder in the second degree
§125.27 Murder in the first degree
Patronizing a prostitute
§230.05 Patronizing a prostitute in the second degree
§230.06 Patronizing a prostitute in the first degree
Perjury
When a person swears falsely after taking an oath, related to a proceeding or made to mislead a public servant.
§210.10 Perjury in the second degree
§210.15 Perjury in the first degree
Probation Violation
When a person violates terms of his or her probation, also known as a VOP. Person may be able to resolve the violation and have probation restored or can be sentenced to a period of incarceration instead.
Parole Violation
When a person violates terms of his or her parole, also known as a VOP. Person may be able to resolve the violation and have parole restored, new parole conditions or imprisonment.
Prostitution
When a person offers to engage in sexual conduct with another person in return for a fee.
§230.00 Prostitution
§230.03 Patronizing a prostitute in the fourth degree
§230.04 Patronizing a prostitute in the third degree
Rape
When a person engages in sexual intercourse of another person. Level of felony varies on age of victim and whether by force.
§130.25 Rape in the third degree
§130.30 Rape in the second degree
§130.35 Rape in the third degree
Reckless Endangerment
When a person recklessly engages in conduct that creates a substantial risk of serious injury to another person. This is a felony if the person acted with depraved indifference to human life.
§120.25 Reckless endangerment in the first degree
Robbery
When a person forcibly steal property. The level of felony graduates if a person is injured and whether they are seriously injured, and whether a firearm is displayed and if the firearm is real.
§160.05 Robbery in the third degree
§160.10 Robbery in the second degree
§160.15 Robbery in the first degree
Sexual abuse
When a person subjects another person to sexual contact without consent, which is not present if victim is less than seventeen years old. The level of felony depends on the age of the victim, whether a foreign object was used and if it caused an injury.
§130.65 Sexual abuse in the first degree
§130.66 Aggravated sexual abuse in the third degree
§130.67 Aggravated sexual abuse in the second degree
§160.70 Aggravated sexual abuse in the first degree
Sodomy
When a person engages in deviant sexual intercourse with another person. The level of charge varies depending the age of the participants.
§130.38 Consensual sodomy
§130.40 Sodomy in the third degree
§130.45 Sodomy in the second degree
§130.50 Sodomy in the third degree
Unauthorized Use of a Vehicle
When a person knowing or without consent takes control of a motor vehicle. The charge is a felony if the intention was to commit another crime or this is the second arrest within ten years for the same charge
§165.06 Unauthorized use of a vehicle in the second degree
§165.08 Unauthorized use of a vehicle in the first degree
Vehicular Assault
When a person negligently causes serious injury to another person using a motor vehicle.
§120.03 Vehicular assault in the second degree
§120.04 Vehicular assault in the first degree
Vehicular Manslaughter
When a person causes the death of another person by operation of a motor vehicle. The degree of felony is higher if the person had a suspended driving license.
§125.12 Vehicular manslaughter in the first degree
Welfare Fraud
When a person commits fraud to obtain public assistance. The level of felony varies depending on the amount fraudulently obtained.
§158.10 Welfare fraud in the fourth degree
§158.15 Welfare fraud in the third degree
§158.20 Welfare fraud in the second degree
§158.25 Welfare fraud in the first degree
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