What Are Third Degree vs Fourth Degree Crimes? And Why Do These Differ Between States?
Most people are at least aware that crime classifications exist as a means to group criminal acts according to their relative severity, as well as to help determine minimum sentences if a defendant is found guilty. Ranging from first degree crimes being the most serious, and fifth degree crimes being the least, there are lots of variations in how certain crimes are categorised from state to state.
To understand what distinguishes third degree and fourth degree crimes from one another, and to get an insight into the broader crime classification system used in the US, let’s look at some examples of how they are treated in specific regions.
Example: Fourth Degree Crimes In New Jersey
In the state of New Jersey, a fourth degree crime is subject to imprisonment for up to 18 months and a fine of between $10,000 and $25,000, depending on the offence in question.
Crimes that fall into this category include shoplifting, property damage, prostitution and the small scale dealing of marijuana as well as drug-associated accessories.
Example: Third Degree Crimes In Florida
As you might expect, Florida ranks a number of more serious crimes in the third degree classification, although some areas do overlap with the fourth degree examples from New Jersey. Prison terms of up to 5 years and fines of $5,000 can be incurred if convicted.
In the case of possessing marijuana with the intent of selling it, individuals found guilty of this in Florida will be punished in line with third degree crime regulations, whereas they might get a lesser sentence in New Jersey where marijuana laws are more lenient, as mentioned earlier. Other third degree crimes in Florida include aggravated stalking, burglary, bribery, child abuse, battery and exploitation of an elderly person.
Example: Fourth Degree Crimes In New Mexico
Like New Jersey, prison terms for fourth degree crimes in New Mexico top out at 18 months, while the maximum finable amount for this category is lower at $5,000. Interestingly, aggravated stalking is a fourth degree crime in this state, despite being a third degree crime in Florida, as discussed. However, if a person is convicted of this crime a second time, it jumps up to a third degree classification. This sliding scale approach, with degree classification stepping to the more severe level in the case of repeat offending, is found in lots of states. What differs is where the crimes in question start on this scale.
Example: Third Degree Crimes In Ohio
Ohio has ample flexibility in terms of defining and also punishing third degree felonies. While typical crimes in this category can involve between nine and 36 months of prison time, more serious offences can result in up to 60 months of incarceration.This shows that there is even leeway within the degrees themselves, ensuring that the authorities have the means to treat each case on its merits, rather than locking up those who indulge in a little tax fraud for as long as serial child abusers.
Exploring The Reason For Differences In Crime Classifications
There are a number of factors at play when it comes to how states decide to rank the severity of crimes. Social attitudes and political pressures within the states themselves tend to have a major impact, which results in some of the variations we see today.
Ultimately it is the partial autonomy enjoyed by states in the US that makes them so different, not only in terms of their laws but also their economies, cultures and collective personalities.
