Criminal Law: Degrees of Offense

Attorney Joseph Eustace

In the criminal law, legislature is set up -- penalties for

offenses depending on the degree. For instance a first degree

offense is considered the most serious, that’s up to 20 years in

jail. Then you have a second degree offense; third degree

offense; fourth degree offense and then when it goes down to

municipal court that’s where you have offenses that are

considered disorderly persons and that’s up to six months in

jail. It’s just basically they want to penalize you based upon

the severity or the amount of damage you’ve done to society. And

there’s all sorts of factors that go into whether or not you’ll

be found guilty of a certain degree. I mean a lot of times

people come in and they’re charged with a second degree offense

which carries a presumption of jail and I’m able to work it out

where they plead guilty to a third degree offense. They’ll still

have a record but there is no presumption of incarceration for a

third degree offense. There is presumption of jail or

incarceration for a first or second degree offense but not for a

third or fourth degree.

Obviously if you have no prior record that’s going to be

beneficial. They also have under -- in the criminal code they

have something called aggravating and mitigating factors and they

look at, you know, things that would tend towards giving you a

harsher sentence versus the mitigating factors which would kind

of explain your conduct and maybe lower the sentence you’re

looking at. But that’s the reason for the degrees to determine

where -- what level of punishment you should receive.

 

Embed This Video Add this video to your website or blog!

Comments

Related Criminal Videos

Illegitimate Resisting Arrest Charges

Illegitimate Resisting Arrest Charges

John Marshall

Criminal

Criminal Lawyer Explains White Collar Crime

Criminal Lawyer Explains White Collar Crime

John Marshall

Criminal

After Arrest: Legal Tips

After Arrest: Legal Tips

John Marshall

Criminal

Drug Trafficking Lawyer

Drug Trafficking Lawyer

John Marshall

Criminal

Rights in Indictments

Rights in Indictments

Joseph Eustace

Criminal

Grand Jury Indictment: Legal Definition

Grand Jury Indictment: Legal Definition

John Marshall

Criminal

Felonies vs. Misdemeanors

Felonies vs. Misdemeanors

John Marshall

Criminal

Types of Criminal Assault

Types of Criminal Assault

Joseph Eustace

Criminal

Restraining Order: Legal Definition

Restraining Order: Legal Definition

John Marshall

Criminal

How Restraining Orders Work

How Restraining Orders Work

John Marshall

Criminal

Types of Drug Crimes

Types of Drug Crimes

John Marshall

Criminal

How to Expunge Your Record

How to Expunge Your Record

Joseph Eustace

Criminal

Legal Tips: Talking to the Police

Legal Tips: Talking to the Police

John Marshall

Criminal

Illegal Prescription Drugs and Street Drugs

Illegal Prescription Drugs and Street Drugs

John Marshall

Criminal

Criminal Law: Setting Bail Amounts

Criminal Law: Setting Bail Amounts

Joseph Eustace

Criminal

Search without Warrant: Legal Information

Search without Warrant: Legal Information

John Marshall

Criminal

Sentencing Guidelines

Sentencing Guidelines

John Marshall

Criminal

Assault and Battery

Assault and Battery

John Marshall

Criminal

Shoplifting Charges: Criminal Law

Shoplifting Charges: Criminal Law

Joseph Eustace

Criminal

NJ Domestic Violence Law

NJ Domestic Violence Law

John Marshall

Criminal

Types of Drug Offenses

Types of Drug Offenses

Joseph Eustace

Criminal

Bail: Legal Definition

Bail: Legal Definition

Joseph Eustace

Criminal

Fiduciary Duty: Legal Definition

Fiduciary Duty: Legal Definition

John Marshall

Criminal

Criminal Law: Cooperating with Police

Criminal Law: Cooperating with Police

Joseph Eustace

Criminal

Criminal Defense Attorney Definition

Criminal Defense Attorney Definition

John Marshall

Criminal

Criminal Law: Degrees of Offense

Criminal Law: Degrees of Offense

Joseph Eustace

Criminal

Criminal Law: Probable Cause

Criminal Law: Probable Cause

John Marshall

Criminal

Expungement Requirements

Expungement Requirements

John Marshall

Criminal

Juvenile Criminal Offenses

Juvenile Criminal Offenses

John Marshall

Criminal

Theft Crimes: Legal Definition

Theft Crimes: Legal Definition

John Marshall

Criminal

Defending Yourself in Criminal Cases

Defending Yourself in Criminal Cases

Rubin Sinins

Criminal

Pre-Trial Intervention Requirements

Pre-Trial Intervention Requirements

Joseph Eustace

Criminal

Pre-Trial Intervention: Conditions

Pre-Trial Intervention: Conditions

Joseph Eustace

Criminal

Criminal Lawyer Describes Grand Juries

Criminal Lawyer Describes Grand Juries

John Marshall

Criminal

Knowing Your Rights in Criminal Cases

Knowing Your Rights in Criminal Cases

Rubin Sinins

Criminal

Joseph Eustace

View Channel
Visit Joseph Eustace's video channel

Rate This Video

This Video Has Not Been Rated
Rate Video

Share This Video

Please Type the number you see below:
2444

Copy + Paste this code onto your website