what does assignment felony 2 mean

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A felony is widely defined as an act which violates the state and or federal laws. For felony 2 offences committed ion the United States, the prosecutor must be able to prove beyond all reasonable doubt that the felony 2 offender is guilty of committing an unlawful act(s) intentionally. In the United States, anyone accused of a felony 2 offense is innocent until proven otherwise. The penalties for a Class 2 felony is prison sentence for up to 60 years; but for a repeat offender the term of prison sentence may be increased up to 2 years with a previous misdemeanour conviction(s), and up to six years with a previous felony conviction(s).

Felony 2 can be classified under to major categories:

• Non Violent class 2 felonies
• Violent class 2 felonies

The severity of felony 2 penalties differs from state to state. Some states like Nebraska have a maximum penalty for felony 2 offences which is life imprisonment, especially for severe crimes against other people in the society. Depending on the seriousness of the offence, most sentences of felony 3 offences will be served in correctional institutions under the state's Department of Correctional services. Felony, no matter the class is a serious matter and one can end up losing his or her liberty in the end, especially if the individual is convicted of a severe felony 2 offence such as unlawful use of a dangerous weapon leading to the death of another human being.

• What is a Class 2 Felony

Felony 2 charges are one of the most serious types of criminal charges under any federal or state law because they are known to carry very severe penalties. class 2 felony sentence may include life imprisonment or a minimum of 20 years and payment of a fine of up to $100,000. The following are Class 2 felonies in the state of New York:

Felony 2 - Violent Offences

• Arson in the second degree
• Breaking and entering in the first degree
• Course of sexual conduct with a child in the first degree
• Aggravated sexual abuse in the first degree
• An aggravated assault upon a police officer
• Assault in the first degree ? a common felony 2 offence
• Unlawful use of a gun/firearm in the first degree
• Illegal sale of a firearm(s) in the first degree
• The unlawful possession of a weapon in the first degree
• Gang assault in the first degree
• Manslaughter in the first degree
• Intimidating of a witness or victim in the first degree
• Sodomy in the first degree
• Kidnapping in the second degree
• Rape in the first degree - a very common felony 2 offense
• Robbery in first degree

Felony 2 - Non Violent Offences

• A criminal mischief in the first degree
• Receiving a bribe in the first degree
• Helping to Promote prostitution in the first degree
• Unlawful facilitation in the first degree
• Aggravated insurance fraud
• Conspiracy in the second degree
• Tampering with a witness
• Bribery in the first degree
• Committing welfare fraud in the first degree
• Illegal sale of a controlled substance in or around school grounds
• Committing grand larceny in the first degree
• Committing an insurance fraud in the first degree
• Unlawful possession of a controlled substance in the third degree ? recorded as a very common felony 2 offence
• Illegal sale of a controlled substance in the third degree
• The unlawful possession of stolen goods or property in the first degree.

You must understand that the controlled substance felony 2 offenses usually prompt different penalties than non-controlled substances felony 2 offences. For more information you can check out the United States Department of Justice Agencies or the Bureau of Justice Statistics.

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Legal Dictionary

The Law Dictionary for Everyone

Felony meaning in law

Felony is the classification of the most serious types of crimes. Covering a wide range of criminal acts, felonies often involve crimes involving physical harm, or large scale theft and fraud . Punishment for these types of crimes often includes imprisonment , the length of which is defined in each state’s penal codes.  To explore this concept, consider the following felony definition.

Definition of Felony

• noun.  A crime, such as murder , burglary , or arson , of a more serious character, than a misdemeanor .

Origin      1250-1300   Middle English felonie

Felony vs. Misdemeanor

Each state defines crimes as either misdemeanors or felonies, according to the seriousness of the crime as defined by statute. The primary differences between the two are:

• Prison or jail time : Felonies carry a potential prison sentence, whereas misdemeanors often involve incarceration in a local jail.
• Length of incarceration : Generally, misdemeanor sentences are no longer than one year in jail. Felony sentences, however, are longer and some may even result in the death penalty if the state allows.
• Post-conviction consequences: A person with a felony conviction may suffer long-term consequences due to the felony charges appearing on their criminal record. These include losing the right to vote, possess firearms, and to hold certain jobs or positions. Many employers refuse to hire convicted felons. By contrast, those with a misdemeanor conviction generally find the long-term consequences not to be as severe.

In some cases, a misdemeanor charge may be upgraded to a felony once the court has taken into account the offender’s previous criminal history, or the particular circumstances of the crime. For example, Joe steals a bike from Bob and is originally charged with misdemeanor theft. During the course of further investigation it is discovered, however, that Joe punched Bob during the incident, breaking his nose. This crime is then upgraded to a felony.

What is a Felony

While some crimes may be either misdemeanors or felonies, depending on the exact circumstances, others result in felony charges regardless. Here are some felony examples:

• Manslaughter
• Aggravated assault
• Felony Assault
• Grand larceny
• Sale or manufacturing of drugs
• Tax Evasion
• Animal cruelty

The above list of felonies is by no means complete.  There are other felonies depends on the circumstances and states.

Violent and Nonviolent Felonies

While most crimes involving violence are considered felonies, not all felonies involve violence. These two types of felony are looked at differently by the court, especially when considering past crimes in conviction and sentencing.

Violent Felonies

Violent felonies often contain the use of force or threat against a person, though some states consider violence against property to be a violent felony. Some incidents in which there was no actual violence may garner a felony charge because of an intent to commit violence. For example, Ron carries a gun into a school hidden in his jacket. Ron is arrested without further incident, but the possession of a firearm in a school, especially when accompanied by other circumstances, may be charged as a felony.

Nonviolent Felonies

Many crimes have nothing to do with violence, though are felt to put the public in some other risk of harm, often of a financial nature. Such crimes include grand larceny, tax evasion, money laundering , and fraud.

Felony Degrees

Common law and statutes in most states divide felonies into first through fourth degree felonies, each carrying increasing penalties, and are specifically outlined in the state’s criminal codes. Felonies by degree may include the following, though the exact list varies from state to state:

• First-degree felony: murder, rape , kidnapping, arson, fraud
• Second-degree felony: aggravated assault, felony assault, arson, manslaughter, possession of a controlled substance, child molestation
• Third-degree felony: assault and battery , elder abuse, transmission of pornography , driving under the influence, fraud, arson
• Fourth-degree felony: involuntary manslaughter , burglary, larceny, resisting arrest

Felony Classes

Some states use a lettering system rather than the numeric system for classifying felonies.  For example, the state of Missouri’s criminal codes classify felonies as Class A, Class B, Class C, or Class D. A “Class A felony” is equivalent to a 1st degree felony; a “Class B felony” is equivalent to a 2nd degree felony; a “Class C” is equivalent to a 3rd degree felony; and a “Class D” felony is the equivalent of a 4th degree felony.

Felony Sentencing by Degree

Each state’s statutes provide certain guidelines for handing down sentences felony offenses. Sentences are based on the degree or class of the crime, and the offender may be sentenced to any punishment that falls within the guidelines.

Generally speaking, prison sentences range from:

• First-degree felony: 3 to 11 years
• Second-degree felony: 2 to 8 years
• Third-degree felony: 9 months to 5 years
• Fourth degree felony: 6 to 18 months

Fines by Felony Degree

Aside from a prison sentence, a person convicted of a felony may also be ordered to make restitution to the victim or family of the victim, for property loss and medical expenses for losses suffered during the commission of the crime. The perpetrator may also face steep fines. Fines allowed by criminal statute often range as follows:

• First-degree felony: $20,000 or more
• Second-degree felony: $15,000 to $20,000
• Third-degree felony: $10,000 to $15,000
• Fourth degree felony: $5,000 to $10,000

Federal Felonies

Federal felonies are classified differently than the crimes on a state level. The felonies are classified as:

• Class A: Life in prison or death
• Class B: 25 years or more in prison: prison
• Class C: 10 to 25 years in prison
• Class D: 5 to 10 years in prison
• Class E: 1 to 5 years in prison

People convicted of federal felonies are also subject to fines up to $250,000 and probation , or parole upon release from prison.

These types of felonies may include, but are not limited to:

• Embezzlement
• Credit card fraud
• Health care fraud

Unclassified Felonies

Murder and aggravated murder, the two most serious crimes are generally considered “unclassified felonies.” A person convicted of either of these crimes faces specific penalties as outlined by state and federal laws. For example, someone convicted of aggravated murder in Ohio faces a potential penalty of life in prison with the possibility of parole after 20 years, to the death penalty.

Felony Punishments

Since a large number of crimes fall under the category of felony, the penalties range greatly. During the sentencing phase of the court process, several things are considered, including previous criminal history, and whether or not violence was used in the commission of the crime. Typically, a felony can result in a year or more in prison, and in severe cases such as premeditated murder, the penalty of death may be handed down from a judge or jury . Some other potential punishments include restitution, fines, probation, and community service.

Is a DUI a Felony?

DUI, also known as “driving under the influence,” is a serious crime that may be classified as a misdemeanor or a felony, depending on the circumstance. A driver may face DUI charges if he has a blood alcohol content (BAC) of .08 percent or higher while operating a vehicle, motorcycle, or boat. Typically, a first time DUI offender faces misdemeanor charges. However, if a person has prior DUI offenses, or if he is responsible for an accident that occurred due to the offense, he is likely to face felony charges. In addition to facing prison time, fines, and probation, a person charged with a DUI is also at risk of losing his driver’s license. The judge may also order him to complete rehabilitation or educational courses. Repeat offenders are at risk for losing their license for longer periods of time with each new DUI charge.

Causing an accident that results in the death of another person while driving under the influence results in the much more serious charge of voluntary or involuntary manslaughter.

Legal Counsel

A felony conviction is very serious. Not only is an individual facing felony charges at risk of spending time in jail or prison, such a charge and conviction stays on his permanent record. Being charged with a felony may also result in much harsher sentences when facing the court system in the future. Felony charges and convictions also hurt job prospects, quality housing options, and rob the individual of his right to vote and carry a firearm. Due to the seriousness of felony charges, an accused person should seek the counsel of an attorney experienced in criminal defense.

Related Legal Terms and Issues

• Defendant – a person facing criminal charges in a court of law or a person being sued by another in civil court.
• Intent – resolved or determined to do something on purpose.
• Involuntary Manslaughter – an intentional act that unintentionally causes the death of another. It usually results from recklessness or criminal negligence .
• Larceny – theft of personal property with intent of keeping it from the rightful owner.
• Misdemeanor – a minor wrongdoing. This charge may result less than one year in jail.
• Reckless Homicide — the killing of another person through a reckless act. In some jurisdictions, this is also known as “involuntary manslaughter.”
• Restitution – compensation made to a person for their loss or injury that occurred during the commission of a crime.
• Statutory Rape – any sexual activity that takes place in which at least one person is below the age required to legally give consent.
• Voluntary Manslaughter – an intentional killing in which a person has no prior intent to kill. It is commonly referred to as a “ crime of passion .”

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• Probable Cause and Probable Cause Hearings in Criminal Law Cases

To make a valid arrest or get an arrest warrant from a judge, the police must have probable cause. This is a different standard from the reasonable suspicion standard required to make an initial stop. Determining how much evidence is necessary to justify a finding of probable cause depends on the specific facts of the situation. A police officer needs more evidence than the level required for the reasonable suspicion standard, but they do not need to have enough evidence to prove that the suspect is guilty beyond a reasonable doubt. No percentage has been assigned to probable cause. Some judges seem to believe that the standard is less demanding than the preponderance of the evidence standard used in civil cases. Since that standard involves a greater than 50 percent probability, probable cause may not be what most people would consider “probable.”

Determining Probable Cause

Probable cause requires objective facts, not subjective beliefs.

A police officer must have more than a subjective hunch to make an arrest or get an arrest warrant. They need to have objective evidence that indicates the suspect’s responsibility for the crime. Even if a police officer believes that they have probable cause, a judge may not necessarily agree. They will review the information in the affidavit for the warrant and make a final decision. You should be aware that being guilty of a crime and having probable cause for an arrest are two different things. Probable cause may exist even if the defendant is not guilty.

Probable Cause Hearings

This term can refer to either of two types of hearings. Generally, a probable cause hearing happens together with the defendant’s first court appearance after their arrest. The judge will determine whether probable cause supported the arrest. If it did not, law enforcement will not be able to continue holding the defendant in custody if they have not been released on bail or on their own recognizance. The other type of probable cause hearing happens after the prosecution has filed charges and involves the judge considering testimony on whether the defendant more likely than not committed the crime. If probable cause exists, the case will move forward toward trial.

If the police get a warrant before making an arrest, the warrant will satisfy the Fourth Amendment requirement of probable cause. However, since officers generally do not get a warrant before making an arrest, a judge often will need to determine whether probable cause exists soon after a suspect is taken into custody. The judge may make a finding of probable cause if they are persuaded by a written statement from the police or prosecution regarding the facts of the case.

• 1 Exclusion of evidence seized during the illegal arrest
• 2 Removal of the arrest from the record
• 3 Possibly a civil lawsuit for damages (usually only when an arrestee was physically hurt)

Timing for Probable Cause Hearings

Prompt action can be important for probable cause hearings. States may require a hearing within 24 hours after an arrest, but the U.S. Supreme Court has ruled that 48 hours is close enough for constitutional purposes. Even if the hearing occurs within the required period, a constitutional violation still may arise if law enforcement delayed the hearing for improper reasons, such as looking for evidence to support probable cause. Failing to meet the deadline likely will justify the suspect’s release unless law enforcement can show that there is an extraordinary reason warranting an exception.

Last reviewed October 2023

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AZHARI LLC BLOG

Previous post:, a breakdown of illinois felony charges and penalties.

In Illinois, there are three types of crimes: petty offenses, misdemeanors, and felonies. Petty offenses are minor violations punishable only by fines. The next level is misdemeanors, which are punishable by up to one year in jail. Finally, the most serious category of offenses is felonies. They are punishable by anywhere between one year and life imprisonment.

Illinois recognizes five classes of felony , in addition to first-degree murder. Beyond the possibility of spending many years in prison, if convicted, there are numerous other long-term consequences of being a convicted felon in our state.

Clearly, any felony-level charges should be taken very seriously. The first step is understanding how felonies are handled in Illinois, and knowing the potential criminal penalties you could face if convicted. To this end, we’ve provided a breakdown of felony classifications and penalties in Illinois, and summarized the felony process.

Felony Classifications and Penalties in Illinois

As mentioned above, Illinois has five felony classes .

Class X Felony. This is the most serious class of felony, and includes violent crimes such as battery with a firearm. A class X felony is punishable by:

• 6-30 years imprisonment
• Extended term of 30-60 years

Class 1 Felony. Class 1 felonies generally cover grievous offenses such as sexual assault. A class 1 felony is punishable by:

• 4-15 years imprisonment
• Extended term of 15-30 years

Class 2 Felony. A class 2 felony is a serious offense, including such crimes as criminal transmission of HIV. A class 2 felony is punishable by:

• 3-7 years imprisonment
• Extended term of 7-14 years imprisonment

Class 3 Felony. Many forms of assault and battery are prosecuted as class 3 felonies. A class 3 felony is punishable by:

• 2-5 years imprisonment
• Extended term of 5-10 years imprisonment

Class 4 Felony. This is the least serious class of felony, and includes offenses such as theft. A class 4 felony is punishable by:

• 1-3 years imprisonment
• Extended term of 3-6 years imprisonment

In addition to these five classes, there is a completely separate category for murder:

Murder. May be punishable by:

• The death penalty
• Life imprisonment
• Prison term of 4-100 years

Also, if certain aggravating factors are present, you may be sentenced to an extended prison term, which is generally about double the original sentence.

Many factors can lead to an extended sentence. Common examples include:

• Prior criminal convictions of the defendant, especially for similar crimes
• The crime was a hate crime
• The victim was a minor child, over 60 years of age, or otherwise vulnerable.

The Felony Process in Illinois

Regardless of the classification, the process for a felony charge is handled the same way, and proceeds through the following steps:

• Arrest: If you are immediately taken into police custody for the offense, the Illinois Felony Review Office will determine if there is sufficient evidence to charge you with a felony.
• Bond Hearing: You will be brought before a judge within 72 hours of your arrest. He or she will determine the terms of your release, which may include posting bond for a certain amount of money.
• Indictment: The state presents the case to a grand jury of 18 citizens, who determine if you will be formally charged with a felony.
• Assignment to Trial Court: If you are indicted, the case is assigned to a judge who will supervise the case.
• Arraignment: After the case is assigned, you will be formally admonished of the charges against you in an arraignment.
• Discovery: This is the process of gathering evidence that can support your guilt or innocence.
• Plea Agreement: Many cases end in plea agreements, in which the state, defense attorney, and defendant agree what penalty will be imposed if the defendant enters a guilty plea.
• Trial: If a plea agreement is not reached, it will proceed to trial, where a jury of 12 citizens will determine if you are guilty or not guilty of the offense.

Any class of felony is a serious offense with severe criminal penalties. If you find yourself facing felony-level charges, it is imperative to be proactive by fighting back against your charges with the strongest defense possible.

Contact an Experienced Felony Defense Attorney

Facing felony charges in Illinois is a serious matter that demands immediate attention. If you’re implicated in a felony, secure the assistance of a seasoned Illinois felony lawyer who can offer the strategic defense and guidance needed to handle these charges effectively. Contact us today to protect your rights and explore your legal options.

About the Author

Sami Azhari has been working as a lawyer since 2007, after receiving his Juris Doctor from the Michigan State University College of Law. He has handled numerous state and federal cases, and is known throughout the Chicago and Rolling Meadows area for providing his clients with high-quality, skilled representation. He has been recognized by SuperLawyers, the National Trial Lawyers Association, and other notable organizations, and has spoken at a number of legal conferences.

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Lake County prosecutors charged SN, an Illinois Tollway operator, with two felony counts of theft over $500 and official misconduct. The theft count was a class 4 felony punishable by up to 3 years in

TM was arrested and charged with his second offense of driving under the influence of alcohol. A conviction would have resulted in a revocation of his driver’s license. After a thorough cross examin

PG was charged with a DUI and improper lane usage. Sami asked for discovery on the initial court appearance and the police officer demanded the case settle or go to trial the same day. Despite having

CP was charged with driving under the influence of alcohol. She was pulled while driving home with several people in her car. She performed all field sobriety tests. Sami was a part of the trial team

GLW was charged with a non-probationable class X felony for possession of cocaine with the intent to distribute. This charge carried with it a sentencing range from 6-30 years in jail. GLW had alleged

MA was arrested for felony possession of controlled substances after being arrested for taking a sledgehammer and breaking into his estranged wife’s home. He was caught with large amounts of cocaine

TH was charged with battery after being arrested for allegedly hitting an 8 year old child suffering from autism in front of two witnesses. Facing a year in jail, he retained attorneys Sami Azhari and

SS was charged with 2 counts of aggravated battery against a police officer. SS was at the NATO protest that took place in downtown Chicago. In the midst of the raucous, an altercation took place betw

AN was charged with 9 counts of attempted murder, aggravated battery with a firearm and unlawful use of a weapon. After reviewing the evidence, Sami took the case to trial and thoroughly cross examine

CR was charged with 3 counts of unlawful use of a weapon and possession of a firearm by a felon. Despite having several witnesses that were ready to testify against CR, Sami advised him to take the ma

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Sami is an excellent advocate, and really fights for his clients. He is an absolute professional. I recommend Sami to anyone who finds themselves in need of a criminal defense attorney.

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What is a bond assignment?

Southern illinois criminal defense.

After an arrest, a bail is set for the defendant. A bail is a conditional release, where the defendant promises to appear in court, and as collateral posts money. The amount of money required varies on case type and the seriousness of the charges. The purpose of bail is not to be so high and prejudicial that it keeps the defendant incarcerated, but to ensure the defendants presence in court.

Many Illinois felony charges come with very high bail. The defendant is required to pay 10% of whatever the bail is set at in order to be conditionally released. Many defendants charged with felonies seek to hire private attorneys to represent them. However, felony attorneys can be quite expensive because of the amount of hours required to defend them. So many felony lawyers will take what is referred to as a bond assignment.

Bond assignments is where your bail is assigned to be released to someone else at the close of the case. For example, if your bail was set at $50,000, you would have to post $5,000 to be released. You hire an attorney who agrees to take a bond assignment for the $5,000. Therefore, if your attorney gets the case dismissed, the $5,000 is then refunded to the attorney for his services.

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(a) Random Method for Assignment of Cases to Judges.

(1) In Ann Arbor, Detroit, Flint and Port Huron, the Clerk shall employ a random method for the assignment of civil cases (excluding social security cases and special civil cases) to Judges. Special civil cases are defined as those cases arising under 28 U.S.C. §§ 2241 and 2254 and 42 U.S.C. §§ 1983 and 1985 in which the plaintiff is an inmate or resident of any facility of the Michigan Department of Corrections, the United States Bureau of Prisons, or of any county or local jail. (2) In Bay City, the Clerk shall assign civil cases to the Judge regularly holding court in Bay City. (3) In Ann Arbor, Bay City, Detroit, Flint and Port Huron, the Clerk shall employ a random method for the assignment of social security cases and special civil cases to Judges. (4) A case in which a three-Judge court is requested under 28 U.S.C. § 2284 shall be assigned by random method regardless of the place of holding court in which the case is filed. (5) Assignment of cases to the Chief Judge, to Senior Judges, and, in cases of emergency, to Judges in active service, shall be as provided by administrative order of the Court. (6) Miscellaneous matters shall be assigned to a judge at the place of holding court where the miscellaneous matter is filed.

(1) Cases shall be reassigned only by order of the Court. (2) To promote docket efficiency, or to conform to the requirement of any case management plan adopted by the Court, or upon consent of the parties, or after notice and hearing, or in the interests of justice, the Chief Judge may order a civil case to be reassigned, but only with the consent of the Judge to whom the case was originally assigned and with the consent of the Judge to whom it is to be reassigned. (3) To promote judicial efficiency in cases not requiring reassignment under these Rules, the Judges, after notice to the parties and opportunity to respond, may jointly order consolidation of some or all aspects of related cases. (4) Reassignment of cases because of a change in judicial personnel shall be in accordance with an administrative order authorized by the Court. (5) Successive habeas corpus petitions challenging the same conviction or sentence regardless of grounds asserted shall be assigned to the judge to whom the original petition was assigned. If that judge no longer receives such assignments, the petition will be reassigned under LR 83.11(a). (6) Motions for relief filed under 28 U.S.C. § 2255 shall be assigned to the Judge who imposed sentence on the defendant. If the sentencing judge no longer receives any cases due to death or retirement, the matter will be reassigned by random method under subsection LR 83.11(a). However, motions under 28 U.S.C. § 2255 filed by co-defendants in multi-defendant cases will be reassigned to the judge to whom the first motion was reassigned. (7) Companion Cases. (A) Companion cases are cases in which it appears that: (i) substantially similar evidence will be offered at trial, or (ii) the same or related parties are present and the cases arise out of the same transaction or occurrence, or (iii) they are Social Security cases filed by the same claimant.

(B) Cases may be companion cases even though one of them has been terminated.

(C) Counsel or a party without counsel must bring companion cases to the court's attention by responding to the questions on the civil case cover sheet or in the electronic filing system.

(D) When it becomes apparent to the Judge to whom a case is assigned and to a Judge having an earlier case number that two cases are companion cases, upon consent of the Judge having the earlier case number, the Judge shall sign an order reassigning the case to the Judge having the earlier case number.

(8) Matters arising from a civil, special civil (as defined in subsection (a)(1)), or miscellaneous case assigned to a judge who no longer receives such case assignments due to death or retirement will be reassigned by random method under LR 83.11(a).

(9) New cases filed by filers enjoined under LR 5.2 shall be docketed as a new civil action and then reassigned to the district judge that issued the injunction against that filer. Motions filed by filers enjoined under LR 5.2 shall be docketed as a miscellaneous matter and reassigned to the district judge that issued the injunction against that filer.

(c) Refiled, Dismissed, and Remanded Civil Cases.

(1) If an action is filed or removed to this court and assigned to a judge and then is discontinued, dismissed, or remanded to a state court and later refiled, it shall be assigned to the same judge who received the initial case assignment without regard for the place of holding court where the case was refiled. Counsel or a party without counsel must bring such cases to the court's attention by responding to the questions on the civil case cover sheet or in the electronic filing system. (2) When it becomes apparent to the Judge to whom a case is assigned that the case has been previously filed in this Court and assigned to another Judge and has later been discontinued, dismissed without prejudice or remanded to a State Court, the two Judges shall sign an order reassigning the case to the Judge who had been assigned the earlier case.

(d) Disqualification of Judge.

When a Judge to whom a case is assigned is disqualified from hearing it, the Clerk shall reassign the case in accordance with (a)(1) or (a)(3).

COMMENT: The "earlier case number" referred to in (b)(7)(D) will mean the earlier case filed as determined by date and time. Miscellaneous matters referred to in LR 83.11(a)(6) include, but are not limited to, the following:

1) matters sealed in the early stages of criminal proceedings; 2) registrations of judgment from other districts; 3) actions to enforce administrative subpoenas and summons; 4) proceedings ancillary to an action pending in another district, e.g., deposition subpoenas 5) supplementary proceedings brought in aid of execution; 6) applications for writs of habeas corpus ad testificandum or ad prosequendum; 7) appointments of counsel under the Criminal Justice Act; 8) disciplinary proceedings for attorneys; 9) incoming letters rogatory.

NOTE: Any of these may be changed into a civil case if contested before a district judge.

The civil case cover sheet referred to in (b)(7)(C) and (c)(1) is available at the clerk's office and the court's web site.

April 1, 2023

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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .”   This concept is used in both contract and property law.  The term can refer to either the act of transfer or the rights /property/benefits being transferred.

Contract Law   

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise.  For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.  That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C.  In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.

(1) Assignment of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.  First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee .  That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C.  Second, rights cannot be assigned when they materially change the obligor ’s duty and rights.  Third, the obligor can sue the assignee directly if the assignee does not pay him/her.  Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

            (2) Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor.  It can only be delegated if the promised performance is more commonplace.  Further, an obligee can sue if the assignee does not perform.  However, the delegee is secondarily liable unless there has been an express release of the delegee.  That is, if B does want C to teach guitar but C refuses to, then B can sue C.  If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. However, novation requires an original obligee’s consent .  

Property Law

Under property law, assignment typically arises in landlord-tenant situations.  For example, A might be renting from landlord B but wants to another party (C) to take over the property.   In this scenario, A might be able to choose between assigning and subleasing the property to C.  If assigning , A would be giving C the entire balance of the term, with no reversion to anyone whereas if subleasing , A would be giving C for a limited period of the remaining term.  Significantly, under assignment C would have privity of estate with the landlord while under a sublease, C would not. 

[Last updated in May of 2020 by the Wex Definitions Team ]

• business law
• landlord & tenant
• property & real estate law
• trusts, inheritances & estates
• wex definitions

What is a notice of assignment?

An assignment takes place when one party is holding a right to property, claims, bills, lease, etc., of another party and wishes to pass it along (or sell it) to a third party. As complicated as that sounds, it really isn’t. Strangely enough, many assignments can be made under the law without immediately informing, or obtaining the permission, of the personal obligated to perform under the contract. An example of this is when your mortgage is sold to another mortgage company. The original mortgage company may not inform you for several weeks, and they certainly aren’t going to ask your permission to make the sale.

If a person obligated to perform has received notice of the assignment and still insists on paying the initial assignor, the person will still be obligated to pay the new assignee according to the agreement. If the obligated party has not yet been informed of the assignment and pays the original note holder (assignor), the assignor is obligated to turn those funds over to the new assignee. But, what are the remedies if this doesn’t take place? Actually, the new assignee may find themselves in a difficult position if the assignor simply takes off with their funds or payment. They are limited to taking action against the person they bought the note from (assignor) and cannot hold the obligator liable. Therefore, it is important to remember that if any note or obligation is assigned to another party, each party should be well aware of their responsibilities in the transaction and uphold them according to the laws of their state. Assignment forms should be well thought out and written in a manner which prevents the failure of one party against another.

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• Why you need a Power of Attorney and How to Assign One

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