Wrongful incarceration definition

Wrongful incarceration or "wrongfully incarcerated" means incarceration for a felony conviction for
Wrongful incarceration or "wrongfully incarcerated" means incarceration for a felony conviction for which (i) the conviction has been vacated pursuant to Chapter 19.2 (§ 19.2-327.2 et seq.) or 19.3 (§ 19.2-327.10 et seq.) of Title 19.2, or the person incarcerated has been granted an absolute pardon for the commission of a crime that he did not commit; (ii) the person incarcerated shall have entered a final plea of not guilty or an Alford plea, or, regardless of the plea, the person incarcerated was convicted of a Class 1 felony, a Class 2 felony, or any felony for which the maximum penalty is imprisonment for life; and (iii) the person incarcerated did not by any act or omission on his part intentionally contribute to his conviction for the felony for which he was incarcerated.

Related to Wrongful incarceration

  • Felony means a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.

  • Offense means a felony, gross misdemeanor, or crime of moral turpitude.

  • Violent felony means the same as that term is defined in Section 76-3-203.5.

  • Conviction means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

  • Sex offense means an offense defined as a sex offense in RCW 9.94A.030;

  • Victim of sexual assault means an individual against whom a sexual offense has been committed as described in ORS 163.467 or 163.525; or any other individual designated as a victim of sexual assault by rule adopted under ORS 659A.805.

  • Perpetrator means a person who, as a result of investigation, has been determined by the Department to have caused child abuse or neglect.