What factors weigh in defendant's favour when it comes to the gravity and nature of the crime?

The first factor to be examined, the gravity and nature of the crime, does not weigh in defendant's favor. "Gravity" refers to a crime's "seriousness in the law and to the possible consequences to an accused in the event of a guilty verdict." (Martinez v. Superior Court, supra, 29 Cal.3d at 582, 174 Cal.Rptr. 701, 629 P.2d 502.) Although embezzlement and false pretenses are serious crimes, they are clearly not as serious as rape or murder,

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