In the U.S. federal system, an indictable offense is a crime serious enough that the Constitution requires a grand jury to formally charge the accused before the case can proceed to trial. In practice, that means a felony: any federal crime punishable by more than one year in prison or by death.1Office of the Law Revision Counsel. 18 U.S. Code 3559 – Sentencing Classification of Offenses A prosecutor presents evidence to a panel of citizens, and that panel decides whether there is enough reason to put someone on trial. Lesser federal offenses, like misdemeanors and infractions, do not require this step.
What Makes an Offense Indictable
Federal law sorts crimes by the maximum punishment the statute allows, not by the sentence a judge ultimately imposes. The dividing line is one year. Anything above it is a felony and therefore indictable; anything at or below it is a misdemeanor or infraction and is not.
Federal felonies break into five classes based on the maximum prison term:1Office of the Law Revision Counsel. 18 U.S. Code 3559 – Sentencing Classification of Offenses
- Class A: life imprisonment or death
- Class B: 25 years or more
- Class C: 10 to less than 25 years
- Class D: 5 to less than 10 years
- Class E: more than 1 year but less than 5 years
The range of conduct that lands in these classes is wide. Murder, kidnapping, and large-scale drug trafficking sit at the serious end. Financial crimes make up a large share of federal prosecutions: wire fraud, bank fraud, and tax evasion are among the most common. Robbery, arson, sexual assault, weapons trafficking, and national security offenses like espionage are also federal felonies. Conspiracy to commit any federal felony is itself a felony, which is how prosecutors reach people who planned or organized a crime without carrying it out personally. Many of these offenses can be prosecuted at the state level too, sometimes at the same time, because federal and state governments are treated as separate sovereigns.
How a Grand Jury Decides to Indict
The Fifth Amendment says no one can be held to answer for “a capital, or otherwise infamous crime” without a grand jury indictment. In modern practice, “infamous crime” means any felony. The grand jury’s job is narrower than most people assume. It does not decide guilt. It decides only whether there is probable cause to believe a crime was committed and that the accused committed it.2Constitution Annotated. Amdt5.2.2 Grand Jury Clause Doctrine and Practice
A federal grand jury seats between 16 and 23 people drawn from the community.3Justia. Fed. R. Crim. P. 6 – The Grand Jury Proceedings are secret. Witnesses testify without their lawyers present, and the accused has no right to appear or put on a defense. The structure is deliberately one-sided because this is not a trial; it is a screen before the government’s full weight comes down on someone.
When at least 12 jurors agree there is probable cause, the panel returns an indictment, called a “true bill.” This document names the defendant, describes the alleged conduct, and cites the specific statute.4United States Courts. Handbook for Federal Grand Jurors If the evidence falls short, the panel returns a “no bill” and charges do not move forward. A no bill is not an acquittal. Because no trial took place, double jeopardy does not attach, and prosecutors can present the same case to a new grand jury later if they develop stronger evidence.
State Charges Work Differently
The grand jury requirement applies only to federal prosecutions. In Hurtado v. California (1884), the Supreme Court held that the Fourteenth Amendment does not force states to use grand juries for felony charges, and that ruling still controls.5Justia. Hurtado v. California, 110 U.S. 516 (1884) Many states let prosecutors file felony charges directly through a document called an “information” after a preliminary hearing before a judge. Whether your case goes through a grand jury depends on the law of the state where you were charged.
Waiving the Grand Jury
Even in federal court, a defendant can give up the right to indictment. Under Federal Rule of Criminal Procedure 7, a person charged with a non-capital felony may waive the grand jury and agree to prosecution by information.6Justia. Fed. R. Crim. P. 7 – The Indictment and the Information The waiver has to happen in open court, and the defendant must first be informed of the charges and the rights being given up. Capital cases cannot be waived; a grand jury is always required when the death penalty is on the table.
Why would anyone skip this protection? Usually because a plea agreement is already in place. Once a defendant has struck a deal, forcing the government through the grand jury process accomplishes nothing and simply delays resolution.
Penalties for Federal Felonies
Sentencing starts with the Federal Sentencing Guidelines, which combine the seriousness of the offense with the defendant’s criminal history to produce a recommended range.7United States Sentencing Commission. An Overview of the Federal Sentencing Guidelines Since United States v. Booker in 2005, the guidelines are advisory. Judges must consult them but can depart from the range when circumstances warrant.
Prison terms run from just over a year for the least serious Class E felonies up to life or death for Class A crimes.1Office of the Law Revision Counsel. 18 U.S. Code 3559 – Sentencing Classification of Offenses The death penalty remains available for a narrow set of offenses, including treason, certain terrorism crimes that cause death, and first-degree murder. Federal executions are rare in practice.
Fines for an individual convicted of a felony can reach $250,000. If the crime produced financial gain for the defendant or financial loss for victims, the fine can rise to twice the gain or twice the loss, whichever is greater.8Office of the Law Revision Counsel. 18 U.S. Code 3571 – Sentence of Fine Courts can also order restitution, requiring the defendant to compensate victims directly.
Timing matters too. Most federal crimes carry a five-year statute of limitations, meaning prosecutors must bring charges within that window.9Office of the Law Revision Counsel. 18 U.S. Code 3282 – Offenses Not Capital Capital offenses have no limitations period at all and can be charged at any time.10Office of the Law Revision Counsel. 18 U.S. Code 3281 – Capital Offenses Specific statutes extend or eliminate the deadline for certain terrorism and child exploitation offenses.
What a Felony Conviction Costs Beyond the Sentence
The prison term and fine are only part of the picture. A federal felony conviction triggers restrictions that follow a person for years, and they often disrupt daily life more than the sentence itself.
Anyone convicted of a crime punishable by more than one year is barred under federal law from possessing firearms or ammunition.11Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts The prohibition is permanent unless the conviction is expunged or civil rights are formally restored. A felony conviction also disqualifies a person from federal jury service, provided their civil rights have not been restored.12Office of the Law Revision Counsel. 28 U.S. Code 1865 – Qualifications for Jury Service
Voting rights are governed by state law. Some states restore them automatically after a sentence is served; a few have historically imposed permanent disenfranchisement for certain offenses. The rules depend on where you live.
Professional licensing is another long-term pressure point. Boards that regulate healthcare workers, attorneys, teachers, financial advisors, and real estate agents routinely ask about criminal history, and a felony conviction can lead to denial, suspension, or revocation of a license. These consequences rarely come up in plea negotiations, yet for many people they outweigh the sentence itself.
Getting a Lawyer If You Cannot Afford One
Anyone facing a federal felony who cannot afford counsel is entitled to a court-appointed attorney under the Criminal Justice Act. You do not have to be destitute. The test is whether you are “financially unable to obtain counsel,” taking into account living expenses, dependents, bail costs, and what hiring a private lawyer would actually run.13United States Courts. Guide to Judiciary Policy, Vol 7B, Chapter 2 – Determining Financial Eligibility Close calls are resolved in your favor.
You apply by filing a Financial Affidavit, Form CJA 23, disclosing income, assets, and obligations.14United States Courts. Financial Affidavit A magistrate judge reviews the form and decides whether to appoint a federal public defender or a private attorney from the court’s panel. The court does not count a family member’s finances unless that person voluntarily comes forward and offers to pay.