Monday, February 16, 2009

Definitions Of First Second And Third Degree In Criminal Law

Degrees designate the seriousness of a crime, as well as the potential sentences.


In general, statutory law classifies a crime as a felony or a misdemeanor, both of which may be subdivided into degrees. Several different types of crimes will be explored here, highlighting differences between degrees of those crimes.


General


First degree is the ranking given to the most serious types of crimes, with second and third degree crimes being less serious.


Home Invasion


In Michigan, home invasion is a felony punishable by incarceration and/or a fine, with prison sentences as follows: first degree, no more than 20 years' incarceration; second degree, no more than 15 years' incarceration; and third degree, no more than five years' incarceration.








Money Laundering


Money laundering is a felony of varying degrees.


Michigan statute defines "money laundering" as felonious conduct concealing the existence, illegal source or illegal application of income, disguised to make it appear legitimate. First-degree money laundering is punishable by up to 20 years' incarceration and/or a fine, with the second-degree penalty up to 10 years' incarceration and/or a fine and five years' incarceration and/or a fine for third degree.


Murder








The degrees of murder hinge mainly on intent.


First degree murder is a killing that is deliberate and premeditated. Second degree murder is a death ensuing from an assault that just so happens to cause death. Third degree murder is a homicide committed with the intent to cause bodily harm, but not death.


Retail Fraud (Shoplifting)


Degrees of retail fraud depend mostly on the value of the items taken.


Michigan statute designates first degree retail fraud as a felony punishable by no more than five years' incarceration and/or a fine, and second and third degree retail fraud as misdemeanors punishable by no more than one year incarceration and/or a fine.

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