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How many times can you get arrested before it becomes a felony?
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How many times can you get arrested before it becomes a felony?


One time if it's a serious offense like drugs or murder. Then again, you could get arrested ten times and not have a felony. They could be all misdemeanors for small crimes like petty theft.

1. It doesnt matter how many times, you can shoot someone and thats a felony right away.

The 3 strike law is a CA law. That means if you get 3 felonies the third one for sure your getting 25 to Life minimum


If the offense is a felony; tag you're it.

Crimes and sentences can be compounded, depending on whether someone's been convicted & on probation, has a record, etc. etc. but a misdemeanor doesn't morph into a felony, unless a felony crime on the books has been "perpetrated" as they say.

You can be charged with a felony the first time you commit a crime if it is serious. A felony is usually considered any crime for which the minimum sentence upon conviction is at least one year.

Little Chief
Best not to learn from experience.

It depends on what crime.

It depends on what you do. You could be a felony with your first arrest.

Savannah B
Your question doesn't make sense....you can get arrested on a Felony conviction and get a felony. It depends on the conviction, not the number of times you get caught.

Kevin P
you can be arrested many times, and never be charged with a felony. A felony charge accurs only when there is value damage exceeding a certain amount, or personal/capitol crimes.
The 3 strike rule in Missouri only applies, when you a charged for the same crime, on 3 different occasions. Then it is still is at the discretion of the prosecuter.

Depends on the charge ..DUI for example 2x - 3x or 4x depending on what state.
Many charges are a felony Or federal offense from the get go e.g. tampering with the US mail, etc..

Goodness, there are some profoundly misinformed answers here.

Those who have told you it's not the number of times you're arrested for an offense that makes the difference are probably closest to correct. Normally, being arrested for anything isn't what makes something a felony; it's the conviction you suffer as a result of the arrest that either makes something a felony or not. Even if you are arrested for a felony, you might only be convicted of a misdemeanor.

For the crime of public intoxication here in California, for example, you can be arrested every day of the year and it will never be a felony because the statute simply does not provide for that.

On the other hand, an arrest for your second petty theft offense could be a felony, depending on your sentence for the first offfense.

Bottom line is that it's not normally the number of times you're arrest for something that makes it a felony.

And California isn't the only state with a three strikes law, and the three strikes law in California does not apply to every felony in this state. Again, you can be arrested for possession of cocaine (a felony in this state) every day of the year and you would never run afoul of the three strikes law.

Depending on the police write up of the crime committed, the prosecutors charging, the courts trial, the courts sentencing, a plea bargaining agreement etc?
Usually a felony is a class of crime, meaning felonious, done with intent, graver then a misdemeanor crime.
Thus a misdemeanor is a lower class of that same crime.
The habitual offender laws are a federal government law of 3 x and your out.
Since the (*********: law as they call it) applied to any cause when written, it originally just stated 3 x and your out.(remember Furman and the death penalty-1973 brought this upon us as a result of what do we do with those off death row? All death rows were resentenced as life without)
So ironically the first one sentenced in 1977 to the law was a dui case, as a 3x loser and was sent to prison.
The rewriting of the law then stipulated it had to be 3x of the same nature. So unless a person was picked up for 3 burglaries or drug sales, they could not be sentenced un the law.1980's.
In 1990?, it was finally written into correctness as, any 3 felonies, then in 1995 as any amount of excess criminal activity, could constitute a felonious behavior under criminal conduct of the states laws.
So, having saying that, it is up to the sentencing guideline(s), of each state, to extract the right amount of time, by each state legislative bodies wisdom, for it's sentencing of an individual.

Even if is not a felony, you can become a repeat offender and once the Judge labels you a repeat offender, it is bad news. Do not do it! Bye!

Peter J
isn't it 3?

3 strikes and you're out thing???

who knows...a good way to find out is to get arrested 3 times and see what happens

if you get arrested once for a misdeamenor and while on probation you get arrested again it is a felony

A felony is any crime which carries a jail sentence of at least one year.

My son already has a violent felony strike he violated his probation & now serving time in State with another case pending of self defence, what happens if they charge him with another felony but without a strike or does it make any difference? What does the future hold please explain.

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