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The Consequences of a Felony Conviction: Avoid, Avoid, Avoid

October 24, 2024
By Josie Mastandrea
Josie Mastandrea, a rising junior at the University of Richmond, spent the summer of 2024 shadowing Attorney Chris Fiorentino to develop a better understanding of what the life of a criminal defense lawyer looks like. The following article is one of a series documenting the insights she derived from the experience.

What Is a Felony?


The definition of a felony varies from state to state. In Massachusetts, it’s considered a crime that can be punished by a state prison sentence. When you hear the term felony, you might think murder, sexual assault, abduction, or armed robbery, but some of the crimes that are considered felonies might surprise you. For example, stealing property valued over $1200 is a felony… but not property valued at $1,199.


The Consequences of a Felony Conviction


The consequences of a felony conviction extend well beyond a prison sentence. A convicted felon has restricted access to international travel–several countries, including Canada, Australia, the UK, Japan, do not permit entry to felons. Felons are also prohibited from possessing firearms, and a violation of this law has serious consequences, including the potential for an additional prison sentence. A felony conviction can impact one’s eligibility for public housing because one’s criminal record is disclosed to housing authorities, and they can legally refuse tenancy to a person on those grounds alone. In some states, felons permanently lose the right to vote, but in Massachusetts, felons only lose that right while they are incarcerated. 

The most severe consequence of a felony conviction, however, is its effect on employment. There are certain industries that felons are pretty much barred from entering. These include law enforcement agencies, professions involving childcare, healthcare work–all of which require certain licenses and certifications a felon cannot receive.


Those select industries aside, an initial job application cannot ask about an applicant’s criminal history in Massachusetts. However, down the line in the hiring process, an employer is permitted to discriminate based on an applicant’s criminal record, which would be disclosed during a background check if a company performs them. Massachusetts attempts to protect those with criminal records from employment discrimination by requiring that merely having a criminal record alone not be the only reason for disqualification from a job–the nature of the crime and whether it would relate to the applicant’s ability to perform the job must also be considered. Nonetheless, this statute can only do so much–finding employment opportunities will still become extremely difficult.

 

How Do I Avoid a Felony Conviction?


The first step in avoiding a felony conviction would be not to commit a felony, of course, but there are ways to get felony charges dropped or reduced to misdemeanors. The court typically tries to refrain from handing out felony convictions for more minor crimes, because of the serious consequences mentioned above.

There are a few ways a felony charge can be reduced to a misdemeanor: by accepting a plea deal, successfully completing probation, or by showing a mistake in the charges. 


Accepting a Plea Deal


The prosecutor assigned to your case will likely be amenable to a negotiation that results in your acceptance of responsibility for the charges against you provided they are reduced to misdemeanors. This way, the prosecutor does not need to go through with a trial, but still ensures you are convicted for having done something illegal. A plea deal is a good option if it seems that the prosecution has a strong case against you that they will likely win at trial.


A Mistake in Charges


Most felonies are simply misdemeanor charges that become more serious due to some escalating factor. If it can be shown that the escalating factor was not truly present, the charge may be reduced to a misdemeanor. For example, “assault and battery” is a misdemeanor. “Assault and battery with a dangerous weapon” is a felony. If it can be shown that the object involved wasn’t used as “a deadly weapon” as defined by the law, it’s possible for the charge to be reduced. 


Dealing with felony charges is complicated. Rather than try to figure out a path forward yourself, hire a knowledgeable defense attorney to figure these things out for you. 

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