First Degree Felony in Vermont

Under Vermont State Statutes 13 V.S.A § 1, a felony is an offense where the maximum imprisonment term exceeds two years, is up to life imprisonment, or death. Unlike many U.S. States, Vermont does not classify felonies into numbered degrees such as first, second, or third. Instead, penalties are specified on a crime-by-crime basis within the state statutes’ Title 13 Crimes and Criminal Procedure. The most severe felonies in Vermont include treason, which is punishable by death under 13 V.S.A § 3401. Other grave felonies include first-degree murder and aggravated murder, which, under 13 V.S.A § 2303, § 2311, carry severe penalties such as life imprisonment without parole. Also, aggravated sexual assault may result in life imprisonment under 13 V.S.A § 3253.

The severity of the punishments for these types of crimes reflects the approach taken by the state’s criminal justice system to severe offenses.

Public Access to First Degree Felony Records in Vermont

Under the Vermont Public Records Act (1 V.S.A. § 315-320), conviction records for felonies, including serious offenses like the most serious felonies (first-degree felony in some states), are generally available to the public. However, sealed records, such as records from juvenile cases, or some dismissed charges, are inaccessible to the public as they are deemed to be confidential under 33 V.S.A. § 5119; 13 V.S.A. § 7603. Vermont expunged records are destroyed and are unavailable even to law enforcement. To access these records, interested persons may access case information through the Vermont Judiciary Public Portal at www.vermonthjudiciary.org. Alternatively, access is possible through a visit to the county courthouse to use Public Access terminals or by requesting the records from the clerk of court. In-person requestors will require a valid ID and may require payment of copying fees. Criminal conviction reports are available through the Vermont Crime Information Center (VCIC) at vcic.vermont.gov.

Table on Public Access to First Degree Felony Records in Vermont:

Common Crimes Classified as First Degree Felonies in Vermont

Vermont’s statutes label felonies with penalties exceeding two years as severe, but they are not explicitly labeled as first-degree in the statutes. Examples of serious felonies per Vermont statutes include:

• First-Degree Murder: This is the intentional killing of a person through premeditation or in the process of felonies such as robbery or sexual assault.
• Aggravated Sexual Assault: This is nonconsensual and forced sexual activity that includes threats and, especially, against vulnerable victims
• Aggravated Robbery: This is robbery with the use of a deadly weapon or theft that leads to bodily injury.
• Large-Scale Drug Trafficking: This is the illegal distribution of significant quantities of controlled substances, such as cocaine or methamphetamines.

Statistics from the Federal Bureau of Investigation (FBI) show that in 2024, Vermont reported 1.5% of violent crimes as murder, at the rate of about 3 per 100,000 persons. It also noted that rape comprised 15.8% of violent crimes, at the rate of about 35 per 100,00 persons. Robberies also accounted for 6.5% of violent crimes in the same period, at about 14 per 100,000 persons.

Prison Sentences and Fines for First Degree Felonies in Vermont

In Vermont, the type of felonies which are classified as first-degree felonies in other U.S. states are the ones with penalties exceeding two years imprisonment, life imprisonment, or the death sentence. Sentences vary by crimes and factors such as prior offenses, the vulnerability of the victim, or the use of a weapon influence the severity of the penalty. For example, first-degree murder leads to a life sentence without parole or 35 years to life. A charge for aggravated sexual assault may result in 10 years to life with fines of up to $25,000. Aggravated robbery while using a deadly weapon may lead to up to seven years of imprisonment and fines of up to $1000 per 13 V.S.A § 608. A large-scale drug trafficking sentence will be influenced by the substance and the quantity, with sentences from 3 to 30 years and fines of up to $1,000,000.

Summary of Severe Felonies in Vermont with sentences and fines:

What is the Maximum Sentence for a First Degree Felony in Vermont?

The maximum sentence in Vermont for the most serious felonies, which are classified as first-degree felonies in some U.S. States, varies. These include life imprisonment without parole for first-degree murder or aggravated murder. Other examples include life with parole for aggravated sexual assault. The severity of the penalties for these crimes may be influenced by factors such as:

• Use of a deadly weapon
• Vulnerability of the victim
• Prior convictions
• Prosecution of the crime as a hate crime motivated by bias

What is First Degree Murder in Vermont?

Under Vermont law, first-degree murder is a gravely serious offense, but it is not classified as a first-degree felony. This is because Vermont does not classify felonies like many other U.S. States. Instead, Vermont has a tiered structure for classifying murder, which elevates it to capital-level crimes in different U.S. states. First-degree murder in Vermont encompasses killings:

• Committed by means of a poison
• By lying in wait
• Through a deliberate, willful, and premeditated act
• In the course of perpetrating or attempting arson, sexual assault, or aggravated sexual assault
• In the course of kidnapping, robbery, or burglary

Sentencing for first-degree murder is life imprisonment without parole or a minimum of 35 years to life, with parole possible after the minimum time spent. Aggravating factors along with the crime, such as multiple victims, prior violent felonies, may influence the sentence towards no parole. Note that the age of the perpetrator or mental health issues may reduce the minimum to 15 years.

Can First Degree Felony Records Be Sealed or Expunged in Vermont?

Sealing of a record restricts public access to these records in Vermont, and the records will now be unavailable except to specific authorities such as law enforcement, per 13 V.S.A. § 7601. Expungement of records authorizes their destruction and makes them inaccessible to everyone. For the most serious of felonies in Vermont, such as first-degree murder, aggravated robbery, and aggravated sexual assault, sealing of the criminal records is highly restricted. Expungement is limited to cases where the charges lead to a nonconviction, such as dismissed charges, the individual was acquitted, or some minor offenses after a waiting period.

Sealing of records is also limited for severe felonies due to public safety concerns, except for nonconvictions (33 V.S.A. § 5119) or automatically for juvenile records. Rare exceptions where sealing is available for felonies in Vermont are where offenses were pardoned through a gubernatorial action. Eligibility for this requires a clean pardon post offense, no pending charges, and the ability of the candidate to show rehabilitation through a petition.

Difference Between First Degree and Second Degree Felonies in Vermont

Vermont classifies felonies based on their severity statutorily and not as first or second-degree. First-degree felonies refer to grave crimes such as first-degree murder, aggravated sexual assault, or aggravated robbery, and these have sentences from seven years to life imprisonment without the option of parole. Examples of second-degree felonies in Vermont are second-degree murder or manslaughter, and these have penalties that range from one to twenty years imprisonment. A key difference between first-degree and second-degree offenses in Vermont is that first-degree offenses have elements of premeditation and more aggravation, such as the use of a weapon or prior offense by the offender. Second-degree crimes, on the other hand, are less premeditated and have fewer aggravating factors, even though they are still serious. Fines for first-degree felonies may reach up to $25,000 or more, while second-degree felonies have fines that may reach up to $10,000.

Statute of Limitations for First Degree Felony Charges in Vermont

The statute of limitations in Vermont sets the limit for prosecutors to file criminal charges, ensuring timely charges and ensuring the evidence is still reliable. Most felonies in Vermont, such as aggravated robbery, have a limit of three years. However, grave felonies like first-degree murder, aggravated murder, and aggravated sexual assault have no statute of limitations per 13 V.S.A. § 4501. Offenses of sexual assault against children under 16 also do not have a statute of limitations before the victim turns 24. These exceptions exist as a means to ensure responsibility for serious crimes by offenders.

Probation and Parole Eligibility for First Degree Felonies in Vermont

In Vermont, probation may replace prison for some felonies, but serious offenses like first-degree murder or aggravated sexual assault usually do not allow for probation because of their severity (13 V.S.A. § 7030; 28 V.S.A. § 204). Courts focus on incarceration for these crimes and reserve probation for less severe cases or when there are mitigating factors, such as a clean record. Parole eligibility differs by offense. For first-degree murder, offenders given a life sentence with the possibility of parole may apply after a minimum term, often 35 years; however, life without the possibility of parole does not allow for this.

Other serious felonies, such as aggravated sexual assault, permit parole after serving 50 to 70% of the minimum sentence, depending on behavior and risk assessment (28 V.S.A. § 501). The Vermont Parole Board looks at rehabilitation, public safety, and input from victims. Exceptions include mandatory minimum sentences or judicial restrictions that limit early release.

Impact of a First Degree Felony Conviction on Criminal Records in Vermont

A first-degree felony conviction in Vermont, such as first-degree murder or aggravated sexual assault, has serious long-term effects (13 V.S.A. § 2301, § 3253). These convictions stay on public criminal records forever unless they are sealed or erased, which is uncommon for serious felonies (13 V.S.A. § 7602). They appear in background checks and create significant barriers. Job opportunities have decreased since many employers are reluctant to hire people with violent felony records. Housing applications are frequently denied, particularly by landlords who conduct background checks.

Federal and Vermont law (18 U.S.C. § 922; 13 V.S.A. § 4017) permanently prevents convicted felons from owning firearms. Immigration issues may also arise, putting non-citizens at risk of deportation (8 U.S.C. § 1227). However, voting rights are protected in Vermont, allowing felons to vote even while in prison (28 V.S.A. § 807).

These convictions are evident through public records, such as the Vermont Judiciary Public Portal, which create lasting social and legal challenges. This highlights the need for legal help to investigate rare opportunities for sealing records.