Can you be charged with a felony but not convicted?

Asked by: Dr. Orval Cummerata  |  Last update: June 11, 2025
Score: 4.5/5 (22 votes)

If you're charged with a felony in Florida but not convicted, it will also remain on your criminal record unless you apply to have it – removed, expunged or have the record sealed. This is far from easy but entirely possible under the right circumstances.

Can you have a felony and not be convicted?

nope, in order to be considered a felon, you have to be CONVICTED of a felony. If you are not convicted in a court of law, you are INNOCENT per the design of our justice system.

What does it mean to be charged but not convicted?

However, a charge does not imply guilt; instead, it marks the beginning of a legal process where your rights and liberties are at stake. On the other hand, a conviction occurs when the court has found you guilty, either through a plea or a trial.

Can you be charged with something and not go to jail?

Absolutely. It's called a summons. Just because you were not out right arrested does not mean you are not charged with a crime. There are plenty of crimes in which you will not be arrested but still face the possibility of jail time if you are convicted.

Do you have to be sentenced to be a convicted felon?

The classification is based upon a crime's potential sentence, so a crime remains classified as a felony even if a defendant convicted of a felony receives a sentence of one year or less. Some individual states classify crimes by other factors, such as seriousness or context.

If I’m arrested but never convicted, does this stay on my criminal record?

28 related questions found

How often are felony charges dropped?

Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too.

What is the lowest sentence for a felony?

Most felonies, however, come with determinate sentences and three possible terms judges can choose from (lower, middle and upper). The lowest possible sentencing for a felony is 16 months, two years or three years. But many felonies such as first-degree robbery, carry a sentence of three to nine years.

Do you always serve jail time for a felony?

Understanding Felony Sentences in California

These include offenses like grand theft, certain drug offenses, and violent crimes. Traditionally, felonies carry the possibility of a state prison sentence, fines, or both. However, not all felony convictions lead to jail time.

Can you be charged with a crime without proof?

Can you be charged without evidence? There are some rare instances of individuals being charged with a crime without evidence, but it is an extremely rare occasion when it comes to the California Department of Justice. The police need to have probable cause in order to be able to charge a person with a crime.

Can you get charged for a crime you didn't commit?

Wrongful arrests and false accusations happen all the time. Don't just assume everything will be okay because you're innocent. Even innocent people can be wrongly convicted. You should contact a criminal defense attorney when you become aware of an investigation or arrest.

Is being charged the same as convicted?

Being charged with a crime merely means that the government has formally accused a person of a crime. A person charged with a crime is, by law, Innocent. Being convicted of a crime means that the person has plead guilty or has been found guilty after trial. A person convicted of a crime is, by law, Guilty.

What defines not convicted?

Acquitted - Non-conviction: The charges against the defendant are dropped. Adjudicated Guilty – Conviction: The defendant has been found guilty of the charges. Adjudication Withheld - Non-conviction: The court does not give a final judgment regarding the case.

How do I know if I was convicted of a charge?

Depending on what kind of record you may have, you should send your request to the Federal Bureau of Investigation (FBI), and/or to the relevant state (e.g., California Department of Justice (CA DOJ)).

What is the most common felony?

By far, one of the most common felonies in the United States is drug crimes. Whether this is possession or trafficking, any time you are discovered with illegal, controlled substances, you will likely face a felony.

What rights does a felon lose?

Individuals currently serving a state or federal prison sentence for a felony conviction and those on parole are ineligible to register and vote in California. However, once an individual has completed their sentence and parole, their right to vote is typically restored, although they must re-register to do so.

What do you call a person with a felony?

Technically, a felon is anyone who's been convicted of a serious crime, but you can use felon to describe anyone you think has done something terrible. For a felon, it's being paraded in handcuffs in front of the public that can be the worst part of being convicted.

What evidence do you need to be charged?

There must be reasonable grounds to suspect that the person charged committed the offence. It must be possible to obtain further evidence to provide a realistic prospect of conviction. The seriousness or circumstances of the case warrant an immediate charging decision.

Can I be accused without evidence?

A person may be charged based on the testimony of a witness or victim, even if there is no physical evidence. Testimony is evidence, even though it may not be tangible. Other types of evidence include the following: Witness Testimony.

How can I prove I didn't commit a crime?

What to Do If You're Accused of a Crime You Didn't Commit
  • Stay Calm and Don't Panic.
  • Do Not Speak to Law Enforcement Without Legal Representation.
  • Hire an Experienced Criminal Defense Attorney Immediately.
  • Gather and Preserve Evidence.
  • Find Witnesses Who Can Support Your Defense.
  • Avoid Discussing the Case Publicly.

Can you be a felony without being convicted?

However, a felony charge does not make an accused individual a felon. They would not be considered a felon unless that have been tried and convicted as well.

What is the average sentence for a felon?

The average felony sentence to incarceration (prison or jail) in state courts was about 3 years in 2006, compared to almost 5 years and 6 months in federal courts (table 1.6).

How to avoid a felony?

The 5 most common ways to get a felony charge dropped are (1) to show a lack of probable cause, (2) to demonstrate a violation of your constitutional rights, (3) to accept a plea agreement, (4) to cooperate with law enforcement in another case, or (5) to enter a pretrial diversion program.

Which is worse felony 1 or 3?

In criminal law, a first-degree offense is the worst felony. It's worse than a second-degree offense, which is worse than a third-degree offense, and so on. So the higher the degree, the lesser the crime.

What is the lowest level of felony charge?

Class D felonies are the least serious felony crimes. A large number of states alphabetically classify felony charges. (Others, such as Arizona and Colorado use a numerical system, such as Classes 1, 2, 3, and 4.) For example, states such as Alabama and Alaska use the alphabetical classification system.

What crimes have mandatory minimum sentences?

Mandatory Minimum Penalty Status Over Time
  • 72.3% were drug trafficking;
  • 6.1% were sexual abuse;
  • 5.6% were child pornography;
  • 4.8% were firearms;
  • 3.2% were fraud.