The degrees in a criminal case rank different versions of the same offense from most serious to least, and that ranking sets the penalty range a court can impose. First degree is the worst, second degree is a step down, and third degree (where a state recognizes it) is less serious still. The numbering runs opposite to what some people expect: a lower number means a higher-stakes charge.
The system exists because not every instance of a crime causes the same harm. A killing after weeks of planning is treated differently from one that erupts in a sudden fight, and the degree label is how the law captures that difference.
Which Crimes Have Degrees
Not every offense is broken into degrees. DUI, drug possession, and disorderly conduct are usually defined as single offenses with penalty ranges rather than tiered degrees. Degrees show up most often for violent crimes and property crimes, where the circumstances of the act vary dramatically from case to case.
States and the federal system also label their broader offense categories differently. Many states classify felonies and misdemeanors by numbered degree. The federal system uses letter grades instead: a Class A felony is the most serious and carries life imprisonment, while a Class E felony carries a maximum of five years. Federal misdemeanors run from Class A down to Class C.
What Determines the Degree
Prosecutors assign a degree based on the specific facts of the case. A handful of factors drive the analysis:
- Intent and planning. Premeditation is the single biggest factor separating first-degree murder from second-degree murder, and the same logic reaches other offenses: a planned crime is charged higher than an impulsive one.
- Severity of harm. An assault leaving permanent injuries sits in a different tier than one causing minor bruises.
- Use of a weapon. Committing a crime with a firearm or other dangerous weapon routinely pushes the charge up a degree or triggers an enhanced penalty.
- Victim vulnerability. Crimes against children, elderly victims, or other protected individuals are often classified at a higher degree than the same conduct against other adults.
- Property type or location. For burglary and arson, entering an occupied home is treated far more seriously than breaking into an empty commercial building.
- Dollar amount. Theft and fraud offenses jump to a higher degree once the value crosses a statutory threshold. The thresholds vary widely by jurisdiction.
Murder Degrees
Murder is the crime most people associate with the degree system, and the distinctions here carry the heaviest consequences.
First-Degree Murder
Under federal law, first-degree murder covers two situations: a planned, intentional killing, and a killing that happens during the commission of certain serious felonies like arson, kidnapping, robbery, burglary, or sexual assault. That second category is the felony murder rule. A getaway driver in a bank robbery can face a first-degree murder charge if someone dies during the crime, even though the driver never intended to kill anyone. The federal penalty is life in prison or death.1Office of the Law Revision Counsel. 18 USC 1111 – Murder
Second-Degree Murder
Federal law defines second-degree murder as any murder that doesn’t qualify as first degree. In practice, that covers intentional killings done without premeditation and killings caused by reckless conduct showing extreme disregard for human life. Someone who fires a gun into a crowd without aiming at anyone in particular could face second-degree murder charges if a bystander dies. The federal penalty is any term of years up to life.1Office of the Law Revision Counsel. 18 USC 1111 – Murder
Third-Degree Murder and Manslaughter
Only a handful of states recognize third-degree murder as a separate charge. Where it exists, it generally covers unintentional killings resulting from dangerous or reckless behavior, or deaths caused by distributing illegal drugs. Most states handle these situations through manslaughter instead.
Manslaughter sits below murder in the hierarchy and comes in two forms. Voluntary manslaughter typically involves an intentional killing committed in the heat of passion after serious provocation, the kind that would push a reasonable person past the breaking point. Involuntary manslaughter covers unintentional killings caused by criminal negligence or reckless behavior that falls short of the extreme indifference required for murder.
Degrees in Other Common Offenses
Assault
Assault statutes create a ladder based on the harm inflicted and the weapon used. Under federal law, simple assault carries a maximum of six months in prison, while assault with intent to commit murder is punishable by up to 20 years. Assault with a dangerous weapon and assault causing serious bodily injury both carry up to 10 years.2Office of the Law Revision Counsel. 18 USC 113 – Assaults Within Maritime and Territorial Jurisdiction
State laws often label these tiers first-, second-, and third-degree assault. The details differ, but the pattern holds: first-degree assault involves the worst injuries or the most dangerous weapons, and lower degrees involve less severe conduct.
Burglary
Burglary degrees almost always hinge on whether the building was occupied. First-degree burglary involves entering a home or an occupied building, which courts treat as inherently more dangerous because of the risk of a violent confrontation. Second-degree burglary generally covers commercial buildings and other unoccupied structures. Some states add a third degree for less serious unauthorized entries. A weapon or an intent to commit a violent crime inside can push the charge up regardless of the building type.
Arson
Arson follows the same logic. First-degree arson involves setting fire to a building while people are inside. Second-degree arson covers unoccupied buildings. Third-degree arson reaches other property like vehicles and vacant land. Risk to human life is what moves the charge toward the top of the scale.
Theft and Larceny
Theft is graded primarily by dollar value. Every state sets monetary thresholds separating petty theft (usually a misdemeanor) from grand theft or higher-degree felony theft. Those thresholds range from a few hundred dollars to $2,500 depending on the jurisdiction. A state might treat theft under $1,000 as a misdemeanor, $1,000 to $30,000 as a lower-degree felony, and over $300,000 as a first-degree felony. Firearms, motor vehicles, and controlled substances are often charged at a higher degree regardless of market value.
How Degrees Affect Sentencing
The degree of a charge sets the boundaries for everything that follows. Judges don’t have unlimited discretion. The degree of conviction determines the statutory minimum and maximum, and the sentence has to fall inside that range.
For felonies, the gap between degrees is wide. A first-degree felony conviction can mean decades in prison or life, while a third-degree felony might carry a maximum of five to ten years depending on the jurisdiction. In the federal system, a Class A felony carries life, a Class C felony carries 10 to 25 years, and a Class E felony carries one to five years.3Office of the Law Revision Counsel. 18 USC 3559 – Sentencing Classification of Offenses
For misdemeanors, the gap is smaller but still real. The most serious misdemeanors typically carry up to one year in jail; the lowest-level misdemeanors might carry 30 days or less. Some states authorize longer sentences for certain high-level misdemeanors.
Degree also affects fines, probation terms, and where the sentence is served. Felony sentences are generally served in state or federal prison, misdemeanor sentences in local jails.
When the Degree Can Shift
A degree isn’t fixed at arrest. Several mechanisms move a charge up or down during the case.
Plea Bargaining
Plea bargaining is the most common way degrees change in practice. A prosecutor might offer to reduce a first-degree charge to second degree, or drop a felony to a misdemeanor, in exchange for a guilty plea. The trade saves the state the cost of a trial and gives the defendant a lighter sentence and a less damaging record. Reducing a felony to a misdemeanor can preserve the defendant’s right to vote, hold professional licenses, and avoid the employment barriers that follow a felony conviction. The degree someone is ultimately convicted of shapes their life far more than the degree they were originally charged with.
Attempted Crimes
An attempted crime is almost always punished less severely than the completed offense. Many states follow a general rule that an attempt is graded one degree below the target crime, so an attempted first-degree burglary might be treated as a second-degree offense. Attempted murder is a notable exception in some jurisdictions, where penalties remain steep regardless of the degree reduction.
Prior Convictions and Enhancements
Criminal history can push the degree of a new charge higher or trigger enhanced penalties within the same degree. Habitual offender laws in many states let prosecutors charge a repeat offender at a higher degree than the current facts would otherwise support. A second or third theft offense might be charged as a higher-degree felony than the same conduct would carry for a first-time offender. Enhancements can also eliminate eligibility for early release or probation.
Wobbler Offenses
Some crimes straddle the line between felony and misdemeanor. Known informally as wobblers, these offenses give prosecutors and judges discretion to charge or sentence the crime at either level depending on the circumstances and the defendant’s background. A wobbler charged as a felony rather than a misdemeanor produces dramatically different consequences.
Consequences Beyond Prison
The degree of a conviction echoes long after a sentence ends. Employers run background checks, and the gap between a misdemeanor and a felony, or between a first-degree and third-degree felony, affects hiring decisions. Many professional licensing boards deny or revoke licenses based on felony convictions, especially higher-degree ones. Depending on the jurisdiction, a felony conviction can also strip the right to vote, serve on a jury, or possess firearms.
Two people convicted of the same general crime can face very different futures depending on whether the charge was first degree or third degree, or whether a plea deal knocked a felony down to a misdemeanor. Anyone facing criminal charges should know exactly what degree they are charged with and what that degree means for sentencing and for life after the case closes.