Purpose of Degree

• The overall definition of a particular crime is general, but having degrees as a sub-classification allows the judiciary to assess severity depending on the egregiousness of the intent or method of the crime. First degree murder requires someone to commit a homicide that is premeditated and deliberate. However, homicide with "malice aforethought" is neither premeditated nor deliberate, but it is still murder. Thus, murder in the second degree is distinguished by the facts of the crime, and with it comes a different standard of punishment.
  
  

Basic Crime Classifications

• The most basic classification of crimes are felonies, misdemeanors and petty offenses. States vary their definitions, but the terms themselves are uniformly present in state laws. Generally speaking, a felony is the most serious form of crime and is punishable with a minimum of one year of incarceration. Misdemeanors cover milder offenses that are punishable by fines and up to a year of prison. Petty offenses or violations are minor legal infractions subject to fines and sometimes a short jail sentence.
  
  

Degrees in Crime Classifications

• Classifications are used to denote the severity of the crime so that an appropriate, fair and consistent punishment can be applied to crimes with similar circumstances. All states vary with their statutory degree classifications. For example, the Model Penal Code suggests four different degrees of felony: capital felony, first, second and third degree felonies. However, NY State uses letters "A" through "E" for felony classifications and also has two subcategories for Class A felonies, known as I and II.
  
  

Degree in Statutory Definition

• Most people are more familiar with "degree" as referring to different statutory definitions for a particular crime. When you hear the phrase "murder in the first degree," this is what they are talking about. There is no consistent rule to distinguish between degrees. Usually intent, the way the crime was committed and/or whether other criminal activities were involved, will be distinguishing characteristics. However, degrees are not based on any larger conceptual framework. Instead, they exist simply because state legislatures decide to apply distinguishing characteristics to a crime.