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The degree of a crime is relative to the crime itself and does not determine whether or not it is a felony. I.e. murder in the second degree is a class A felony and reckless burning in the second degree is a gross misdemeanor.

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13y ago
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12y ago

It would depend on the state and how the statute was written by the legislature and also on the exact circumstances of the offense. Ultimately it's up to the judge within some very broad guidelines unless the offense calls for a mndatory minimum sentence - then the judge would have no discretion.

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Q: What is the punishment for a fourth degree felony?
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