What is a Second Degree Felony in Vermont?

In Vermont, a second-degree felony falls between the spectrum of first-degree felonies and misdemeanors. These types of crimes are more serious than a misdemeanor but less severe than a first-degree felony. Under 13 V.S.A. §1, it defines a felony as an offense that has a maximum sentence of over two years. Vermont’s law does not explicitly state the tag “second-degree felony”. However, these crimes can be understood within the context as second-degree offenses in comparison to the severity of the punishment.

For example, “Unlawful Restraint in Second Degree”, under 13 V.S.A. § 2406, which is a felony punishable with a maximum of five years of imprisonment and a maximum of $25,000 fine. Second Degree Aggravated Domestic Assault under 13 V.S.A. § 1044 is also punishable with imprisonment of 5 years and or a fine of $10,000.

Which Crimes Are Considered Second-Degree Felonies in Vermont?

Here are some crimes in Vermont that are classified as second-degree felonies. These crimes are more serious than misdemeanors but less serious than first-degree felonies:

• Second Degree Aggravated Domestic Assault: This is a domestic assault that is committed under aggravated circumstances. (13 V.S.A. § 1044).
• Unlawful Restraint in the Second Degree: This is a non-consensual restraint in a manner that elevates the offense beyond a simple trespass. (13 V.S.A. § 2406).
• Second Degree Murder: This consists of all the other types of murder which do not meet the first degree criteria under 13 V.S.A. § 2301.
• Aggravated Stalking: This is a type of stalking that is accompanied by repeated threats, a court order violation, prior convictions, or the use of a deadly weapon.
• Certain sexual offenses with minors or lewd acts: These include lewd or lascivious acts with a child under 16, which are punishable by imprisonment.

What is Second Degree Murder and How is it Classified in Vermont?

Vermont classifies second-degree murder as any unlawful killing that is regarded as serious but not as serious as first-degree murder and thus can be classified as less serious. Under 13 V.S.A. § 2301, first-degree murder usually involves premeditation, lying in wait, or it is a killing that occurs in the process of a serious felony like kidnapping or arson. However, second-degree murder includes all other types of murder that were carried out intentionally or show extreme disregard for human life, but are not ruled to have been premeditated.

Note that second-degree murder differs from manslaughter, which typically involves a killing done without malice. Manslaughter happens when someone acts in the heat of the moment or engages in reckless behavior. While manslaughter is viewed as less intentional, second-degree murder indicates that the offender made a conscious choice in their reckless disregard for human life. For example, if someone kills another person during a sudden fight without any planning, the charge could be classified as second-degree murder instead of first-degree. Penalties can include long prison sentences. However, they are not as harsh as the life sentences that can apply to first-degree murder.

Vermont Second Degree Felonies Penalties and Punishments

The punishment for a second-degree felony in Vermont depends upon the crime, the context of the offense, and the person’s criminal history. In the broadest of terms, second-degree felonies attract penalties exceeding two years, and the penalties are generally lighter than the penalties for first-degree felonies. Many second-degree felonies have a maximum term of five years, but second-degree murder and some other crimes can impose much longer sentences. Fines can vary, but generally range between a couple of thousand and $25,000.

Restitution, counseling, community service, and probation are other possible penalties, and the court‘s order can include a combination of these. Aggravating factors, like the use of a weapon and breach of a protective order, increase the penalties, while mitigatory factors, like no prior criminal history, may lead to a lighter punishment. Sentencing, of course, is individualized and does not have to reflect a maximum punishment in all cases.

Are Second Degree Felony Records Public in Vermont?

In Vermont, court records for all second-degree felony convictions remain unsealed and accessible unless a court explicitly orders them to be sealed. Per 1 V.S.A. § 317, governing public access to records, all court records, including dockets and sentencing records, are presumed to be accessible to the public. This includes felony case records. A conviction of second-degree aggravated domestic assault (13 V.S.A. § 1044) and unlawful restraint in the second degree (13 V.S.A. § 2406) will be a part of the public court records and available in background checks.

Nonetheless, significant public access restrictions do apply. For example, records containing details about children and the victims of sexual assault, as well as certain other sensitive information, will remain confidential. Vermont also has a procedure for record sealing and expungement, as outlined in sections 13 V.S.A. § 7601–7619. Certain criminal records are eligible for expungement, which stops public access to or clears the record. For instance, expungement may apply to dismissed, not-guilty, or low-level felony cases, while more serious felonies, such as second-degree murder (13 V.S.A. § 2301), will remain in the public record.

How to Access Second Degree Felony Court Records in Vermont

To begin accessing records pertaining to second-degree felony court cases in Vermont, interested parties can search public records in the Vermont Judiciary’s Public Portal by case number, name, or attorney. If the search yields limited results, searchers can visit the courthouse that handled the case and use one of the Public Access Terminals (PATs) to access full criminal dockets and filed records. To obtain certified copies of any court document, searchers can fill out the Request for Access to Court Records and submit this form to the clerk of the court. Information on payment requirements is also available from the clerk of the court.

Interested persons should note that, while court records are generally public, records about juvenile cases, victim information, and ongoing criminal investigations are confidential and closed. Additionally, if records are sealed or expunged, they can’t be found during public record searches.

Vermont’s laws are clear regarding the information and records that will be made available to the public and those that will not. The law allows access to public records of second-degree felonies, while sealed records, as well as those containing sensitive information, are kept secure to ensure privacy. Parties searching for records are encouraged to follow these laws and adhere to the privacy requirements.

Can Second Degree Felony Charges be Reduced or Dismissed?

In Vermont, the possibility of charges filed as second-degree felonies being reduced or dismissed depends on the circumstances and the specific details of the case. In certain circumstances, the prosecution may offer a plea deal where the defendant agrees to plead guilty to a reduced charge, such as a misdemeanor or a lower-level felony, in exchange for a reduced sentence or to avoid trial altogether. A possible example would be the charge of second-degree aggravated domestic assault, where the evidence presented may not fulfill all the elements required to prove the crime under 13 V.S.A. § 1044.

A charge can be dismissed, especially if there is a lack of evidence or violations of a defendant’s rights, such as illegal searches and interrogations, or if there is an error in the trial procedure. Nevertheless, it is likely that a legal or evidentiary issue will arise if a case is to be dismissed, which is why it is uncommon for a case to be dismissed compared to being reduced. A defendant’s prior criminal history, legal case facts, and court cooperation will always be considered in the way charges will be presented.

Courts and prosecutors will always consider community safety and case strength when agreeing to a charge reduction or dismissal. For any person charged with a second-degree felony, it is of utmost importance to consult a legal expert in criminal defense to gain a clear understanding of their available rights. And also the available legal options.

Is it Possible to expunge or Seal a Second Degree Felony or Murder Record in Vermont?

Determining whether a second-degree felony record can be sealed or expunged in Vermont depends on the specific crime committed and the details surrounding the conviction. Nonviolent felonies may be sealed and or the record expunged after a five to ten year waiting period in accordance with the 13 V.S.A. Chapter 230(§ 7601–7619) as long as the offender has served their sentence in full and has not been convicted of any crime in that time. Sealing a record means that most people cannot view it at all, except for law enforcement officials. Expungement means that the record is completely erased.

Some offenses cannot be sealed or expunged. These include violent or sexual offenses as well as serious felonies like second-degree murder and 13 V.S.A. § 2301. These crimes are made part of the public record and are permanent due to the serious implications involved.

Restitution, a prior criminal history, and whether a person completed probation or parole are other determining factors. Due to the complexity of these rules, it is recommended to seek assistance from a legal professional. An attorney can assess whether a second-degree felony record is eligible for expungement or sealing and assist the person with the Vermont court application process.

How Long Do Second Degree Felony Records Stay Public in Vermont?

In Vermont, second-degree felony records remain public indefinitely unless they are sealed or expunged by court order. Under 1 V.S.A. § 317, court records are presumed open to the public, which means that once a person is convicted, the record will generally remain accessible through court files, the Vermont Judiciary Public Portal, or background checks. This is different from some states that automatically limit the visibility of felony records after a certain period; Vermont does not impose such automatic time limits.

That said, Vermont law does provide for certain records to be sealed or expunged under 13 V.S.A. Chapter (§ 7601–7619). For some felony charges, this is possible after a waiting period—typically 5 to 10 years, and when a person has fulfilled all the sentencing requirements and has not recidivated. However, violent crimes and serious offenses like second-degree murder (13 V.S.A. § 2301) are not eligible for expungement, and their records will remain public indefinitely.

Thus, unless expungement or sealing is granted, second-degree felony records are accessible for life. This makes Vermont one of the states where there is broad public access to criminal records, which it balances with opportunities for rehabilitation on less serious offenses.