What is the most prevalent felony? Initially, this might appear to be a straightforward question, but in reality, the U.S. criminal justice system comprises numerous state, federal, and local systems, each reporting diverse data.
While we can discern common felonies from the data reported, pinpointing a single felony as the most prevalent isn’t feasible due to the complexity and variety of offenses recorded across different jurisdictions.
A felony is a severe criminal offense that can result in a prison sentence of at least 1 year. Even if a judge opts for probation instead of incarceration, the offense retains its felony status.
Less serious offenses are known as misdemeanors, which carry fines and a maximum sentence of 1 year.
The least serious offenses are called infractions, which do not involve any jail time.
Misdemeanor sentences are typically served in local jails. Felony sentences are generally served in state and federal prisons, although some local jails also accommodate felons.
Felonies fall into broad categories, so we’ll start with those categories, and then narrow our focus to the most common felonies in each group.
The most common felonies are grouped into:
According to data analyzed by the Prison Policy Initiative, there are currently 110,000 inmates in state prisons serving sentences for public order offenses, 132,000 convicted of felony drug offenses, 142,000 felons serving time for property crimes, and 656,000 offenders behind bars for crimes of violence.
Continuing with these categories, federal prisons hold another 61,000 public order offenders, 69,000 drug offenders, 11,000 prisoners serving time for violent offenses, and 6,000 for property crimes.
Local jails hold a mix of criminals convicted of less serious offenses and people awaiting trial who were either denied bail or couldn’t afford the cost.
Of those awaiting trial, 135,000 are accused of violent crime, 106,000 have property crime charges, 109,000 have been charged with a drug-related offense, and 75,000 are sitting in jail accused of public order offenses.
Drug abuse felonies fall into 3 broad groups:
Drug possession can be a misdemeanor or a felony offense. The classification of the offense depends on the type of drug and the quantity.
Possession of a Schedule I or Schedule II substance will often result in felony charges. Drug trafficking drug distribution and drug manufacture are both felony offenses.
Sentences for a first-time, less serious felony drug crime, typically range from 1 to 3 years in prison and a fine of several thousand dollars.
Repeat offenders and those charged with more serious offenses face longer sentences and heavy fines.
In state prisons, 34,000 felons are serving time for drug possession, while 98,000 are behind bars for other drug crimes.
Local jails hold 11,000 offenders convicted of drug possession, 7,000 convicted of drug trafficking, and 2,000 convicted of other drug crimes. The number of people in jail awaiting trial for drug offenses is 109,000.
The main property crimes are:
Burglary
Vehicle theft
Fraud
Arson
Larceny
Other theft
Property crimes can be misdemeanors or felonies, it depends on state law and/or the scale of the offense.
Burglary is the most common felony in this category and occurs when someone enters a building without permission with the intent of committing a crime.
First-degree burglary which involves entering a person’s home is always a felony. Other types of burglary can be tried as a misdemeanor or a felony.
A conviction for felony burglary typically results in a custodial sentence of at least 1 year, although probation is sometimes an alternative option.
Depending on the circumstances surrounding the burglary and state law, felony burglary convictions can lead to sentences of 20 years or more.
In state prisons, 80,000 inmates are serving sentences for felony burglary. Five thousand offenders with burglary convictions are behind bars in local jails, and a further 33,000 charged with burglary are sitting in jail awaiting trial.
State prisons are also holding 13,000 felons for fraud, 7,000 for car theft, 27,000 for theft, and 15,000 for other property theft.
Public order offenses are illegal acts that violate social policy, public opinion, or moral values.
Some types of low-level drug crimes are prosecuted as public order offenses. Other public order offenses include but aren’t limited to:
In state prisons, felons being held for public order offenses include 39,000 with weapons convictions, 15,000 with DUI convictions, and 56,000 held for other public order offenses.
Local jails hold another 27,000 offenders convicted of public order offenses, along with 75,000 people awaiting trial.
Sentences for public order offenses vary considerably. A sentence for felony DIU could be as little as 1 year for a less serious offense, or up to 15 years if the offense resulted in bodily injury.
Violent offenses are usually felonies. Crimes classed as violent offenses include:
Other offenses are treated as violent offenses when the threat of force is used even when no physical violence takes place.
Which violent offense is the most common felony in state prisons? According to the Prison Policy Initiative, rape/sexual assault is the most common felony with 163,000 offenders serving their sentences in state prisons.
The sentence for rape depends on state law, the age of the victim, and the circumstances of the crime. Rape without aggravating factors carries a lower sentence than rape using or threatening the use of deadly force.
Sentences can range from 2 years to life imprisonment.
Murderers held in state prisons numbered 158,000, felons convicted of assault total 146,000, 132,000 felons are behind bars for robbery, 19,000 for manslaughter, and 40,000 felons are serving time for other violent offenses.
A smaller number of convicted felons are locked up in local jails, with jails holding 1,000 murderers, 1,000 rapists, 500 offenders serving a sentence for manslaughter, and 3,000 criminals convicted of robbery.
Jails also hold 135,000 people awaiting trial for violent offenses.
Felonies are serious crimes punishable by at least 1 year in prison.
Violent felonies include:
Serious drug felonies include:
Serious property felonies include:
Serious public order offenses include:
Some crimes can be prosecuted as felonies or as misdemeanors. The distinction will be based on state law, the circumstances of the crime, and whether the accused is a repeat offender.
In state prisons violent criminals are the most common felony category, accounting for the largest number of inmates.
Felonies are serious crimes punishable by at least 1 year in prison.
Violent felonies include:
Serious drug felonies include:
Serious property felonies include:
Serious public order offenses include:
Some crimes can be prosecuted as felonies or as misdemeanors. The distinction will be based on state law, the circumstances of the crime, and whether the accused is a repeat offender.
In state prisons violent criminals are the most common felony category, accounting for the largest number of inmates.
Disclamer: Nothing on this website should be construed as providing legal advice or creating an attorney-client relationship. Results may vary depending on the specific facts, circumstances, and legal issues involved in each individual case. All cases require a thorough review of the applicable law and facts before reaching a conclusion.