If you’ve been convicted of a crime in Pennsylvania, you may feel overwhelmed by legal terms and how they apply to daily life. This guide explains how offenses in Pennsylvania are classified and highlights key differences among them. If you are facing criminal charges for any offense, whether a simple misdemeanor or more serious violent crimes, knowing your situation is critical.
Pennsylvania Criminal Law Misdemeanors vs. Felony Offenses
Pennsylvania divides criminal offenses into Pennsylvania misdemeanors and Pennsylvania felonies. Each category has three degrees, affecting the maximum sentence and how long the conviction stays on your criminal record. Pennsylvania depends on these grades to determine consequences:
Summary Offense: The least serious offense in Pennsylvania, such as disorderly conduct. Punishable by a fine only. These are often called other crimes of minimal harm and carry no jail time.
Misdemeanor Charges (three degrees): Misdemeanors are more serious than summary offenses but less serious than felonies.
Third Degree Misdemeanor: Potential penalties include up to one year in jail and/or a fine. Examples: simple assault, theft of property with property valued under $50, or possession of a small amount of a controlled substance (a minor drug offense).
Second Degree Misdemeanor: Potential penalties include up to two years in jail and/or a fine. Examples: domestic violence first offense or theft of property with property worth $50–$2,000.
First Degree Misdemeanor: Potential penalties include up to five years in jail and/or a fine. Examples: aggravated assault without serious injury or theft of property valued $2,000–$5,000.
Felony Offenses (three degrees): The most serious crimes. They include violent crimes and significant drug offenses.
Third Degree Felony: Potential penalties include up to seven years in prison and/or a fine. Commonly charged for serious drug crimes, statutory sexual assault under certain circumstances, or theft of property worth $5,000–$50,000.
Second Degree Felony: Potential penalties include up to ten years in prison and/or a fine. Examples: murder in the second degree or possession of a firearm during another felony.
First Degree Felony: Potential penalties include 10 to 20 years (sometimes up to life) in prison and/or a fine. Includes premeditated murder, aggravated assault causing serious injury, or severe statutory sexual assault.
Knowing whether you face a third degree misdemeanor or a first degree felony is crucial for understanding your case. Each grade has different degrees of severity, so the penalties for drug offenses differ greatly from those for violent crimes.
How Pennsylvania Classifies Criminal Offenses
Simple Assault (third degree misdemeanor): Minor threats or scuffles. Potential penalties: up to one year in jail.
Aggravated Assault: Using a weapon or causing serious harm can be a first degree misdemeanor (up to five years) or a first degree felony (10–20 years) depending on circumstances. These crimes often require careful defense.
Disorderly Conduct (summary offense): Disturbing public order which results in a fine.
Theft of Property: Graded by property worth:
- Under $50: third degree misdemeanor
- $50–$2,000: second degree misdemeanor (up to two years)
- $2,000–$5,000: first degree misdemeanor (up to five years)
- $5,000–$50,000: third degree felony (up to seven years)
- Over $50,000: second degree felony (up to ten years)
Drug Crimes: Possession of a small amount of a controlled substance is a third degree misdemeanor.
Possession of larger amounts or possession with intent to deliver is a third degree felony (up to seven years). Distribution or manufacturing can be second or first degree felony. These are serious drug offenses.
Statutory Sexual Assault: Sexual activity with a minor under 16. The charges vary by ages and circumstances. Often a second degree felony (up to ten years) or first degree felony.
Domestic Violence: Typically a second degree misdemeanor (up to two years). Repeat offenses or use of a deadly weapon may increase to a second degree felony.
Murder: First Degree Felony: Premeditated is 10–20 years or life. Categorized among the most serious violent crimes. Second Degree Felony: Unplanned killing during another felony (up to ten years).
These examples show how Pennsylvania depends on grades to assign fair punishments. Even other crimes like white-collar fraud follow similar grading.
After Your Misdemeanor or Felony Charges
Judges follow statewide guidelines but use judge’s discretion. Even if the maximum sentence for a third degree felony is up to seven years, the judge may impose a shorter prison sentence based on factors like your prior record, age, and whether you cooperated. For drug offenses, cooperation can lead to reduced sentences.
Jail vs. Prison
Misdemeanor convictions (misdemeanor offense) usually mean county jail. For example, a second degree misdemeanor carries up to two years.
Felony convictions mean state prison. A third degree felony has a maximum sentence of up to seven years, while a first degree felony can mean 10–20 years or life.
Probation and Parole
On probation, you must follow all conditions such as attending counseling, performing community service, or paying restitution for property theft or domestic violence. Breaking these rules often sends you back to jail quickly.
For felonies, after serving part of your prison sentence, you may be eligible for parole and finish at home under supervision. Violating parole can return you to prison.
Criminal Record and Collateral Consequences
A criminal record affects your ability to find work, secure housing, or obtain professional licenses. Felony charges remain longer than misdemeanor charges. For other crimes like tax evasion or environmental law violations, the same principles apply.
Legal Options After a Conviction
Even after a conviction, you have legal options:
Appeals: If mistakes occurred during your trial such as improperly admitted evidence or procedural errors, you can ask an appellate court to review your case.
PCRA (Post Conviction Relief Act): If your rights were violated in the case of ineffective counsel or due process issues, you can file PCRA to challenge your conviction or prison sentence.
Expungement and Pardons: Some misdemeanor offenses (especially summary offenses) can be expunged after a waiting period. Certain drug offenses or theft of property under thresholds may qualify. Felony offenses are generally not expungable, though under rare circumstances, a pardon is possible.
Consult a criminal defense lawyer as soon as you can because deadlines are strict.
Moving Forward after Criminal Charges
Life after conviction has real challenges, but there are ways to rebuild:
Probation/Parole Compliance: Follow all rules of domestic violence counseling or drug treatment to avoid returning to jail. Violating terms can quickly negate any progress.
Job Training and Education: Many programs help people with a criminal record. Be honest about your conviction when applying and focus on the positive changes you’ve made.
Housing: Felony charges can make renting difficult. Some nonprofits offer crime-specific transitional housing.
Support Networks: Join community groups, mentorship programs, or faith-based organizations that focus on helping formerly incarcerated individuals.
How Grace Legal Can Assist You
If you’re facing criminal charges now or dealing with a past conviction, having strong legal representation is essential. A criminal defense lawyer at Grace Legal can help by reviewing whether your conviction was graded correctly and challenging any errors. They can advise you on legal options like appeals, PCRA petitions, or expungement for offenses.
Our goal at Grace Legal is to protect your rights and help you navigate the complexities that come with criminal charges and convictions. No matter if your charge was for identity theft, drug crimes, sexual assault, or any other crime, we offer compassionate, experienced criminal defense lawyers in Camp Hill serving all of central Pennsylvania.
Contact us today to learn how our team can guide you through Pennsylvania’s criminal system after your conviction and support you as you work toward a brighter future.
