Vermont Felony: Laws, Penalties, Sentencing, and Records

In Vermont, an offense punishable by more than two years in prison, death, or a life sentence is referred to as a felony. According to Vermont law, felonies are the most serious category of crimes that can lead to collateral consequences like heavy fines, the loss of civil rights, and a permanent criminal record. Moreover, Vermont does not classify felonies like most states. Instead, the penalty for a felony is determined by the law.

What Is Considered a Felony in Vermont?

In Vermont, the definition of a felony is codified in the Vermont Statutes Annotated Title 13 – Crimes and Criminal Procedure, Chapter 1. Felonies in Vermont can be classified into these categories:

• Violent Crimes: Kidnapping, manslaughter, rape, aggravated assault, robbery, and murder.
• Drug Crimes: Manufacturing, trafficking, and distribution of controlled substances.
• Property Crimes: Arson, burglary, grand larceny (theft of property worth $900 or more).
• White-Collar Crimes: Identity theft, embezzlement, forgery, securities violations, and fraud.
• Weapons Offenses: Felon in possession of a firearm, unlawful use of a weapon, and armed criminal action.

The severity of an offense determines if it is classified as a felony or misdemeanor in Vermont. For example, grand felony, which involves stealing property valued at more than $900, is treated as a felony. Similarly, an assault that results in serious bodily injury is considered a felony.

What Is a Felony in Vermont?

In Vermont, an offense punishable by more than two years of imprisonment is referred to as a felony. In contrast, a misdemeanor is an offense that carries a maximum potential penalty of two years or less in a county jail. The consequences of a felony conviction in Vermont include the following:

• Prison sentences ranging from 1 year to life.
• Fines up to $50,000 depending on the statute.
• Loss of rights, including firearm ownership and voting while incarcerated.
• A permanent criminal record, which can affect licensing and job opportunities.

Felony Penalties in Vermont

Each offense in Vermont has its own statutory penalty established by law. The penalties for selected types of felonies are outlined below:

• First-Degree Murder: Life imprisonment without parole.
• Second-Degree Murder: 20 years to life imprisonment.
• Manslaughter: Up to 15 years in state prison.
• Kidnapping: Up to life imprisonment.
• Aggravated Assault: Up to 15 years of incarceration.
• Burglary: Up to 15 years of incarceration.
• Grand Larceny (Over $900): Up to 10 years of confinement.
• Drug Trafficking (Large Quantities): Depending on the weight of the illegal substance, this offense carries a penalty ranging from 10 years to life imprisonment.

Felony Sentencing Guidelines in Vermont

In Vermont, sentencing is determined by statutory ranges, judicial discretion, and the presence of aggravating or mitigating factors:

1. Statutory Penalties: Each felony has a maximum or minimum sentence established by state law.
2. Mandatory Minimums: Crimes such as drug trafficking, firearm offenses, and certain violent felonies have mandatory minimum terms.
3. Aggravating Factors: An offender may get an increase in their sentence if the offense is related to gang activity or crime against elderly victims or children.
4. Mitigating Factors: Sentences may be reduced for first-time offenders and those who demonstrate signs of rehabilitation.
5. Habitual Offender Law (13 V.S.A. § 11): Repeat felony offenders may face enhanced penalties, including life imprisonment.
6. Probation and Alternative Sentencing: Some nonviolent felonies may qualify for probation or diversion programs.
7. Parole: The Vermont Parole Board determines eligibility for parole. Nevertheless, some offenses, like first-degree murder, are ineligible for parole.

For example, an individual convicted of felony burglary may face a sentence exceeding 15 years if aggravating factors are present, such as the use of a firearm or a deadly weapon.

Felony Laws and Procedures in Major Vermont Cities

Burlington (Chittenden County)

The Criminal Division of the Superior Court handles all felony cases in Chittenden County. Interested parties can find these records at the office of the Clerk of Court or through the Vermont Judiciary Public Portal.

Montpelier (Washington County)

As part of the Vermont Superior Court system, the Washington County Criminal Division is responsible for prosecuting state-level criminal matters, including felonies. The public may visit the Clerk of Court’s Office during regular business hours to request access to felony case files.

Rutland (Rutland County)

The Rutland County Criminal Division oversees felonies like theft, assault, and narcotics cases. Anyone can view felony records at the Clerk of Court’s Office or through statewide portals.

How to Search for Felony Records in Vermont

In Vermont, the public can locate felony case information at the county level and through statewide portals.

1. Vermont Judiciary Public Portal

The Judiciary Public Portal allows both anonymous and registered users to find felony cases. Through this portal, users may find information such as:

• Case number and docket entries.
• Charges filed.
• Court location.
• Sentences.

2. Superior Court Clerk’s Offices

Certified felony case files can be obtained directly from the Clerk of Superior Court in the county where the felony was prosecuted.

3. Vermont Crime Information Center (VCIC)

The Vermont Crime Information Center maintains official statewide criminal history records. Individuals seeking a notarized copy of their felony conviction report may either request it by mail or visit the VCIC main office in Waterbury, Vermont.

4. Local Police Departments and Sheriff’s Offices

Through the Vermont Public Records Act (1 V.S.A. § 315 et seq.), individuals may request incident reports or arrest records maintained by local police departments and sheriff’s offices. Nevertheless, the law exempts records related to ongoing investigations from public access.

5. Third-Party Background Checks

To save time, individuals can also make use of third-party websites in locating Vermont felony records. However, the most accurate records are provided by the judiciary and the VCIC.

Open vs. Sealed Records

• Open Records: Most felony convictions remain public in accordance with the Vermont Public Records Act.
• Expungement: After a waiting period that usually ranges from 5 to 10 years, individuals in Vermont may apply to have certain nonviolent felony convictions expunged.

Why Understanding Felonies in Vermont Matters

Besides prison terms and fines, a felony conviction in Vermont has other consequences. It can affect an individual’s civil rights and limit job opportunities. Therefore, organizations, employers, and individuals must understand the state’s felony laws, the penalties, and how to locate felony records.

Felonies in Vermont are defined individually by statute. The penalties may range from about two years to life imprisonment without parole. Also, sentencing is influenced by statutory ranges, habitual offender enhancements, and aggravating or mitigating factors.

The Vermont Judiciary Case Portal, Superior Court Clerks, or the Vermont Crime Information Center provide access to felony records in their custody.