Criminal Defense: Degrees of Offenses
- What is a degree level for an offense? Whenever a person is charged with an offense, there are multiple degrees for both felonies and misdemeanors. The degree of the offense will dictate how much time the maximum sentence can be.
- Misdemeanor Degrees: There are two separate degrees for misdemeanor offenses. There are first degree misdemeanors which are punishable by up to one year in jail or up to one year of probation, or some combination of jail and probation up to one year. There are also second degree misdemeanors which are punishable by up to 60 days in jail or up to 6 months of probation.
- Felony Degrees: There are four separate degrees for felony offenses. There are 3rd degree felonies, which are punishable by up to 5 years in prison or up to 5 years of probation, or some combination of jail/prison and probation up to 5 years. There are 2nd degree felonies, which are punishable by up to 15 years in prison or up to 15 years of probation, or some combination of jail/prison and probation up to 15 years. There are 1st degree felonies, which can either be life felonies or non-life felonies. The life felonies allow a prison and/or probation sentence up to life in prison. The other versions of 1st degree felonies allow for punishments up to 30 years, either as a prison sentence, or a probation sentence, or some combination of the two up to 30 years.
- Differences between degrees and levels of offense: When a person is formally charged with a felony offense, you will see two things on the formal charging document next to the name of the offense: (1) the degree of the felony, and (2) the level of the felony. The degree of the felony, as discussed previously,
Do you have a question about your case or more specifically the degrees of offenses in your case? Give us a call and talk to a Criminal Defense Lawyer today. 407-930-8912. www.SmithandEulo.com