The same is true for mentally infirm individuals and those who are insane. That is why people often plead they were insane at the time a crime was committed. However, being intoxicated or on drugs when a crime was committed may not be a viable defense. Although no one can be prosecuted for merely thinking about committing a crime, a person can be charged when his or her actions go beyond the thinking stage. And, if a person incites or helps someone to commit a crime, or is there when the crime is committed, he or she may be considered an accomplice or an accessory, which may be just as serious.
Some crimes have different degrees that provide for different forms of punishment.
The difference between grand larceny, which is a felony, and petit larceny, which is a misdemeanor, is determined by the value of the property taken. Each state has its own rules for classifying crimes and the degrees of crimes as well as the punishments for each. That is why it is best to consult an attorney who practices primarily in criminal law for advice and information regarding laws in your state. Virtually all carry minimum jail sentences in excess of one year. If the assault is caused by a dangerous weapon, or an attempt is made to cause death or serious injury, the crime is called aggravated assault.