When facing criminal charges, few things are more urgent or overwhelming than understanding what exactly you’re up against. In California, crimes are categorized not only by type—such as violent, property, or drug-related—but also by degree. The distinction between 1st and 2nd degree crimes carries major legal consequences, affecting sentencing, eligibility for parole, and more. Knowing the difference could be the key to building a powerful defense.
At Simmons & Wagner, our team of Former Orange County District Attorneys brings decades of experience on both sides of the courtroom. We understand how prosecutors think—and we know how to challenge every element of their case. Let’s break down the differences between 1st and 2nd degree felony crimes, provide real-world examples, and show how our firm can help protect your rights.
What Is a 1st Degree Crime?
Definition:
1st degree crimes are considered the most serious offenses under California law. They are typically premeditated, violent, or committed under circumstances that indicate a high level of moral culpability.
Examples Include:
- First-Degree Murder: A killing that is willful, deliberate, and premeditated. This can include murders committed during the commission of another felony (felony murder), such as robbery or rape.
- Kidnapping for Ransom or Robbery
- Aggravated Sexual Assault of a Child
- Arson Causing Great Bodily Injury
Penalties:
Convictions for 1st degree crimes can result in:
- 25 years to life in prison
- Life without parole
- In some cases, the death penalty (though rarely pursued in modern California practice)
These are life-altering charges—often prosecuted with maximum intensity by the state. But that doesn’t mean the case is airtight.
What Is a 2nd Degree Crime?
Definition:
2nd degree felony crimes are still serious felonies but typically involve less premeditation, intent, or violence than their 1st degree counterparts. The distinguishing factor often lies in motive, timing, and context.
Examples Include:
- Second-Degree Murder: A killing that was intentional but not premeditated, or one resulting from reckless disregard for human life (e.g., DUI fatalities)
- Robbery without a Weapon
- Residential Burglary (when no one is home)
- Assault with a Deadly Weapon (non-firearm)
Penalties:
Punishments for 2nd degree crimes may include:
- 15 years to life (second-degree murder)
- 2 to 10 years in state prison (depending on the crime and prior convictions)
- Heavy fines and restitution
- Probation restrictions
While these crimes are less severe than 1st degree offenses, the stakes remain high—especially when prosecutors aim to “upgrade” charges during plea negotiations or trial.
How Simmons & Wagner Build Your Defense
1. We Know the Playbook—Because We Wrote It.
As Former Orange County District Attorneys, we’ve handled thousands of felony cases from the prosecution side. We understand how charges are filed, what evidence matters most, and where law enforcement may have overstepped. That insider knowledge becomes your best defense.
2. We Investigate Every Element of the Allegation.
Whether you’re accused of a 1st or 2nd degree crime, we start with a fundamental question: What can they actually prove? Our legal team combs through arrest records, body cam footage, forensic evidence, and witness statements to find gaps, inconsistencies, or violations of your rights.
3. We Fight to Reduce or Dismiss Charges.
Many cases classified as 1st degree offenses can be downgraded to 2nd degree—or dismissed altogether—depending on the circumstances. We negotiate skillfully and strategically with the DA’s office, always working in your best interest to reduce exposure.
4. We Defend You in Trial with Precision.
If your case goes to trial, we come fully prepared—with the same tenacity and professionalism we used to secure convictions as prosecutors. Now, we use that same skill to protect the accused. Our courtroom experience is unmatched.
Don’t Face Serious Charges Alone—Call Simmons & Wagner
A charge of 1st or 2nd degree crime isn’t just a legal challenge—it’s a personal crisis. Your freedom, your family, and your future are on the line. At Simmons & Wagner, we treat your case like our own.
We are relentless in our defense. Strategic in our approach. And committed to securing the best possible outcome for you.
Contact us today for a free consultation and take the first step toward reclaiming control of your future.