1st,2nd and 3rd degree felony?

[PaperPusher]

What is the name of your state? CA
Just curious...I have heard people say that they were convicted of a crime, for example, burglary, and then indicate, 1st degree, 2nd degree, or 3rd degree. How is this determined and where can I get specifics? Just wondering...

 

[Boxcarbill]

It is determined by statutory law and the facts. Apply the law to the facts of the case. You can get specifics by looking up the California Penal Code.

 

[JETX]

The different felony (or misdemeanor) classes are set by state laws for the particular circumstances of the crime being charged.

For example, using case of Burglary, the California Penal Code determines the felony level per the following:
"460. (a) Every burglary of an inhabited dwelling house, vessel, as defined in the Harbors and Navigation Code, which is inhabited and designed for habitation, floating home, as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, or trailer coach, as defined by the Vehicle Code, or the inhabited portion of any other building, is burglary of the first degree.
(b) All other kinds of burglary are of the second degree.
(c) This section shall not be construed to supersede or affect Section 464 of the Penal Code."
Source: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=458-464