Legal Definitions - substantive felony

A substantive felony refers to a complete and primary criminal offense that is classified as a felony. Unlike an attempted crime, a conspiracy, or being an accessory to a crime, a substantive felony is the actual, completed act that the law prohibits and punishes as a major offense. It is the core crime itself, rather than a preparatory act or involvement after the fact.

• Example 1: A person intentionally sets fire to an occupied apartment building, causing significant structural damage and endangering residents.

  Explanation: Arson, particularly when it involves an occupied dwelling and causes substantial damage, is a complete and serious crime classified as a felony. This act of setting the fire is the primary offense itself, not merely an attempt to commit arson or a conspiracy to do so. Therefore, it is a substantive felony.

• Example 2: An individual uses forged documents to fraudulently obtain a large sum of money from a bank, successfully completing the transaction and receiving the funds.

  Explanation: This act of grand fraud, where the deception is successful and results in the acquisition of a significant amount of money, is a complete and primary offense. It is not an unsuccessful attempt or an agreement with others to commit fraud. Given the amount of money involved, it would be classified as a felony, making it a substantive felony.

• Example 3: A drug dealer sells a substantial quantity of illegal narcotics to an undercover police officer, completing the exchange of drugs for money.

  Explanation: The act of selling a significant amount of illegal drugs is a complete and primary offense, typically classified as a felony under drug trafficking laws. This is the actual, completed transaction, not just an attempt to sell or a plan to do so. As such, it constitutes a substantive felony.