P.R. Laws tit. 33, § 4644

2019-02-21 00:00:00+00
§ 4644. Classification

Crimes are classified as misdemeanors and felonies.

A misdemeanor entails an individual fine of up to five thousand dollars ($5,000) or imprisonment for up to ninety (90) days. A felony, in all its classifications which are specified below, comprises all other crimes.

A felony entails imprisonment for more than six (6) months and, according to the corresponding penalty, is classified in four (4) degrees, as follows:

(a) First degree felony. — The penalty for which is imprisonment for a term of ninety-nine (99) years.

(b) Second degree felony. — The penalty for which is imprisonment for a term fluctuating between eight (8) years and one (1) day and fifteen (15) years. Second degree murder, sexual assault, aggravated kidnapping, child kidnapping and aggravated robbery, when damage is inflicted against the victim or if it takes place in the domicile of the victim, shall be severe second degree felonies with a penalty of imprisonment of between fifteen (15) years and one day and twenty-five (25) years.

(c) Third degree felony. — The penalty for which is imprisonment fluctuating between three (3) years and one (1) day and eight (8) years.

(d) Fourth degree felony. — The penalty for which is imprisonment fluctuating between six (6) months and one day and three (3) years.

However, other types of penalty besides imprisonment may be imposed for felonies and misdemeanors.

The felonies typified in special laws maintain the classification of felony and the corresponding penalty if they entail a penalty of imprisonment for more than six (6) months or a fine of more than five thousand dollars ($5,000), unless otherwise provided by law.

Misdemeanors typified in special laws maintain the classification of misdemeanor and the corresponding penalty if they entail a penalty that does not exceed six (6) months or a fine that does not exceed five thousand dollars ($5,000), or both penalties.

History —June 18, 2004, No. 149, § 16; Sept. 16, 2004, No. 338, § 1, eff. May 1, 2005.