How Are Crimes Categorized Under The Law?
In the U.S., every state and federal government own system of classification of crimes within its own legal code. But in most cases, crimes are generally divided into the same direction.
The first classification is between the crimes and misdemeanors. Offenses are more serious crimes, which may be imposed state prison jail for over a year, or a very serious crime, and death.
Crimes are misdemeanors punishable by imprisonment of less than one year in jail.
Inside, two separate offenses and violations, crimes are divided by gravity of the offense.
For example, a class of a crime the most serious offense and is liable to imprisonment not exceeding one year and a fine of an amount that varies from state to state.
Class B offenses vary greatly, but generally they are not punished with prison terms exceeding 180 days.
Class C crimes are usually not given a custodial sentence, but carry fines.
In class, crime, the most serious crimes, such as first-degree murder, known as capital crimes. Capital crimes in jurisdictions where the death penalty could bring the death penalty or life imprisonment.
First-degree felony punishable by imprisonment for not less than five years to life.
Crime of second degree may be sentenced to imprisonment for not more than 20 years, and at least 2 years.
Third degree crimes are punishable by imprisonment for not more than 10 years and not less than two years.
The obvious question is, what determines whether a particular crime is a category or another? The answer is a combination of state laws prohibiting such offenses, past offenses and mitigating or aggravating circumstances.
The Penal Code, for example, that the power to classify causes of death in another part of the different types of offenses, depending on whether the death was intentional or caused by the heat of passion. Theft and robbery can be classified according to the number of theft and if the deadly weapon used in crime.
The defendant’s criminal defense attorney can present the factors that may mitigate the severity of the crime, showing things like a terrible childhood marked by abuse and neglect, for example. If these factors are taken, the offense may be lessoned or moved downward from a higher class of the lower class.
Other mitigating factors may be to prove that the victim had caused injury to the defendant that the trial of the accused was affected through no fault of theirs, or that the accused’s actions were completely out of his normal personality ( is what is intended when the defense presented witnesses character to show that the defendant was a normal citizen and peaceful law-abiding).
On the other hand, prosecutors present evidence of aggravating circumstances, which may increase or move the offense up to a year. These aggravating factors could be to show that the victim was a minor, the defendant used a deadly weapon to commit the crime that the accused intended to commit a sexual assault, robbery, or that the defendants’ conduct was particularly heinous or depraved.
The last defendant criminal history is also taken into account. A first time offender may receive a lower classification as a habitual criminal convicted of the same crime could receive a harsher sentence because of his crime described as having a more serious crime.