When James Arneson was convicted last month of two counts of third-degree sexual abuse, the judge had no choice but to sentence him to prison.

That’s because one of the sexual abuse charges Arneson was convicted of is classified as a forcible felony.

Webster County Attorney Jennifer Benson said that a forcible felony is classified as any felonious assault. If convicted, prison time is mandatory.

“Deferred judgments, suspended sentences, probation, none of those are options at sentencing,” Benson said.

In addition, conviction on a forcible felony means that the defendant is taken into custody, even if they had posted bond.

That’s what happened in Arneson’s case, according to Benson, because he had posted bond prior to his trial.

Sexual abuse is not the only charge that is classified as a forcible felony. Benson said other forcible felonies are first- and second-degree murder, kidnapping and robbery.

“If it’s a felony and assault is a necessary element for committing the crime or a part of it, then it’s considered felonious assault,” she said.

Another element of forcible felonies is that there is no appeal bond. This means that the defendant is not allowed to post bond while their case is on appeal.