Legal Definitions - degree of crime

The term degree of crime refers to how legal systems categorize offenses based on their seriousness and the specific circumstances surrounding their commission. This categorization can occur in two primary ways:

• Grading within a specific offense: A single type of crime, such as assault or theft, can be divided into different levels of severity. These levels, or "degrees," are determined by factors like the intent of the perpetrator, the extent of harm caused, the value of property involved, or the presence of aggravating circumstances (e.g., use of a weapon).

• General classification of offenses: Crimes are broadly categorized into major groups, most commonly felonies and misdemeanors, which reflect their overall gravity and potential penalties.

Here are some examples to illustrate the concept of "degree of crime":

• Example 1: Assault
  Imagine two different scenarios involving physical altercations. In the first, a person shoves another during an argument, causing them to stumble but suffer no injury. In the second, an individual intentionally punches someone in the face, resulting in a broken nose and requiring medical attention. While both actions involve physical contact, the "degree of crime" would be significantly different. The first might be classified as a lower-degree assault, perhaps a simple assault or battery, carrying lighter penalties. The second, due to the intent to cause serious harm and the actual severe injury inflicted, would likely be an aggravated assault or a higher-degree assault, leading to much more severe legal consequences. This illustrates how the same general offense (assault) is graded based on the circumstances and outcome.

• Example 2: Theft
  Consider a situation where a teenager shoplifts a candy bar from a convenience store. In another instance, a person breaks into a home and steals valuable electronics and jewelry worth thousands of dollars. Both acts are forms of theft, but their "degree of crime" varies greatly. Shoplifting a low-value item like a candy bar would typically be classified as petty theft, often a misdemeanor offense. Conversely, breaking into a home and stealing high-value items would likely be classified as grand theft or burglary, which are serious felony offenses. This example demonstrates how the value of stolen property and the method of commission (e.g., breaking and entering) influence the degree of the crime, moving it from a less serious misdemeanor to a more serious felony with corresponding differences in potential penalties.