crime, 4th and 5th degree

Factual Questions
1

There’s something I’ve been wondering about that I’m hoping someone here can answer for me. I’ve checked online and can’t find the answer.

I’ve heard of certain crimes being categorized as first, second, or third degree. That’s pretty common. But a few times over the last several years I’ve seen references in articles regarding people being charged with/convicted of certain crimes in the fourth degree (sorry, I can’t remember any details, such as what the specific crimes were or what state they were in). I was a bit curious as to what fourth degree meant, but then the other day I heard, in passing, about someone being convicted of a crime in the fifth degree (assault maybe). I had never heard of that and it really got my curiosity going.

Does anyone here know what would entail a charge/conviction being designated as fourth or even fifth degree?

2

Minnesota

All sorts of places.

Seems to be fairly common in some states. I don’t think California has anything past 3rd.

3

Thanks. I was able to find a lot through those links.

4

Degrees of crimes are normally identified ordinally in descending order. First degree mopery is worse than third degree mopery, whatever ‘mopery’ may actually be defined to mean. There is no limit to how many degrees the legislature may identify of a given crime, depending on how specific they wish to get. I don’t know if it’s still in effect, but some years back, New York State, moved by the contrary impulses of the “War on (Hard) Drugs” and the movement to decriminalize marijuana, ended up with “Criminal Posession of a Dangerous Drug” in no less than seven degrees, first degree being illegal possession of heroin, morphine, opium, or cocaine in massive quantities and punishable by life imprisonment, while seventh degree was possession of a minimal amount of marijuana and was a ticketable offense.

5

Ohio has several types of homicide, and then felony levels one through five. Felony Fives (“F5s” in the common courthouse parlance) are the least serious; F1s are the most. Each felony level has a particular range of fines and prison time which may be imposed upon conviction:

*Ohio Revised Code 2929.14. Definite prison terms.

(A) Except as provided in [etc. etc. etc.], the court shall impose a definite prison term that shall be one of the following:

(1) For a felony of the first degree, the prison term shall be three, four, five, six, seven, eight, nine, or ten years.

(2) For a felony of the second degree, the prison term shall be two, three, four, five, six, seven, or eight years.

(3) For a felony of the third degree, the prison term shall be one, two, three, four, or five years.

(4) For a felony of the fourth degree, the prison term shall be six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, or eighteen months.

(5) For a felony of the fifth degree, the prison term shall be six, seven, eight, nine, ten, eleven, or twelve months.*

And as to fines:

*ORC 2929.18. Financial sanctions - Felony.

(A) Except as otherwise provided in [etc. etc. etc.]

(3) Except as provided in division (B)(1), (3), or (4) of this section, a fine payable by the offender to the state, to a political subdivision when appropriate for a felony, or as described in division (B)(2) of this section to one or more law enforcement agencies, in the following amount:

(a) For a felony of the first degree, not more than twenty thousand dollars;

(b) For a felony of the second degree, not more than fifteen thousand dollars;

© For a felony of the third degree, not more than ten thousand dollars;

(d) For a felony of the fourth degree, not more than five thousand dollars;

(e) For a felony of the fifth degree, not more than two thousand five hundred dollars.

6

New York does it differently. Crimes are divided by degrees, with the first degree being the most serious level of that crime. But crimes are also divided by classes - each class is considered approximately the same level of seriousness. So third degree homicide might be considered the same class of felony as first degree assault.