There’s a reason that felonies come in various degrees: Doing so allows the prosecution to try and match how serious a crime was with how serious the punishment. In the state of California, felony charges come in different degrees. If they didn’t, then anyone who was charged with murder would likely spend their life behind bars, regardless of the circumstances of the case.
No matter what the charge, if you’re facing a felony then you need to discuss your case with a criminal defense attorney. At Chambers Law Firm, we have seven offices to ensure you have convenient access to a defense attorney. Contact us today at 714-760-4088 to schedule your consultation.
Courts consider several aspects of crime to determine the degree
One of the most important things the court is likely to take into consideration is whether or not there were aggravating or mitigation circumstances involved in the case. A mitigation circumstance is one that’s not necessarily an excuse for the person to commit the crime, but it may be relevant when deciding how the defendant should be punished. For example, committing a crime in the heat of passion may be judged more leniently than a crime that was methodically planned.
On the other hand, aggravating circumstances can make the punishment more severe. Examples can include using a firearm in commission of a felony, or killing or assaulting someone based on their sexual orientation.
First-degree crimes are the most significant
Once again, regardless of the crime, a first-degree charge is more serious than a second-degree charge. It’s often the case in California that a first-degree charge has an extremely detailed description. If the crime in question doesn’t fit those clearly outlined requirements, then it’s charged as a second-degree felony. A first-degree crime is always charged as a felony, while a second-degree charge can be a wobbler. This means that it could be charged as a felony or misdemeanor, depending on what the court decides.
First- and second-degree burglary cases
To better demonstrate the difference between first- and second-degree cases, let’s consider a charge of burglary. The main difference between first- and second-degree for this charge is where the actual burglary took place. If it was in an inhabited building then it’s first-degree while any other location would be second degree.
The best way to respond to a charge depends on the charge and other factors
If you’re charged with a first-degree charge and there’s a wealth of evidence against you, then the best way to proceed may be to seek a plea agreement in which the charge is dropped from a first-degree charge to a second-degree charge. In other cases, it may be best to assess the evidence and fight it in court.
No matter where you are today, if you’re facing a charge in the state of California then you need an attorney. At Chambers Law Firm, we can provide you with experienced legal advice. Call us today at 714-760-4088 to learn more about your potential options.
