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610-436-1410A misdemeanor or felony charge in Pennsylvania puts your freedom and future at risk, so understanding exactly what you have been charged with is critical. Pennsylvania divides both misdemeanors and felonies into degrees, and even a misdemeanor conviction can carry significant penalties.
Skinner Law Firm can help you understand exactly what the grading means for your case. Our criminal defense attorneys can examine the charge and evidence so you know what you are facing before you make decisions about your defense.
Pennsylvania criminal offenses by degree range from summary offenses through misdemeanors and felonies, with additional classifications for murder. For most misdemeanors and felonies, the first degree carries the highest maximum penalty within that category.
Under 18 Pa.C.S. § 106, Pennsylvania recognizes first-, second-, and third-degree felonies as well as first-, second-, and third-degree misdemeanors. The statute also addresses how Pennsylvania classifies crimes when a law identifies an offense as a felony or misdemeanor without specifying its degree.
We also need to identify the degree of the offense and the statute under which prosecutors charged you. A first-degree misdemeanor, for instance, carries substantially greater potential incarceration than a third-degree misdemeanor.
Misdemeanor charges in Pennsylvania are less serious than felonies as a category, but they can still expose you to incarceration and a criminal record. Pennsylvania sets the maximum term of imprisonment at five years for a first-degree misdemeanor, two years for a second-degree misdemeanor, and one year for a third-degree misdemeanor.
A misdemeanor conviction can affect employment and other parts of your life even after you finish the sentence. Those consequences are worth considering before you decide how to respond to the charge.
Do not assume that the word “misdemeanor” means you should simply plead guilty and move on. The penalties for misdemeanor charges in Pennsylvania vary considerably by degree, and the prosecution still has to prove the elements of the specific offense. Our attorneys can review the allegations and the prosecution’s evidence to identify weaknesses in the case and explain your options.
Felony charges in Pennsylvania leave you open to significantly longer potential prison sentences. So, how serious is a felony charge in Pennsylvania? Even a third-degree felony carries a statutory maximum of seven years in prison, while higher-degree felonies increase that risk.
Under 18 Pa.C.S. § 1103, a first-degree felony carries up to 20 years of imprisonment. A second-degree felony carries up to 10 years, while a third-degree felony carries up to seven years.
The prosecution still has to prove the criminal charge, regardless of the felony offense listed on your paperwork. Skinner Law Firm can compare what prosecutors claim happened with what the evidence actually supports and identify grounds for challenging the case. The evidence can influence how the charge proceeds and what options are available.
Felony vs. misdemeanor penalties in PA differ beyond the length of potential incarceration. The grading of an offense also affects the maximum fine a court can impose, with Pennsylvania law authorizing higher fines for felony convictions than for most misdemeanors. A conviction can often carry significant financial consequences in addition to any potential jail or prison sentence.
The statutory maximum does not tell you what sentence a judge will impose in a particular case. Pennsylvania felony sentencing guidelines take the offense and the defendant’s prior record into account when setting sentencing guideline ranges. Other case-specific circumstances can also affect the sentence.
Our attorneys can assess your actual sentencing exposure rather than treating the statutory maximum as the inevitable outcome of your case. Such an assessment will require us to take a closer look at the offense, grading, prior record, and any applicable sentencing provisions.
The sentence is the only concern when you are facing a criminal charge. A misdemeanor or felony conviction can appear on your criminal record and affect employment opportunities. Certain convictions can also interfere with professional licensing or other opportunities that require a background check.
A Pennsylvania felony lawyer at Skinner Law Firm considers both the immediate criminal penalties and longer-term consequences when evaluating your options. Our Pennsylvania criminal defense lawyers can explain how a proposed resolution could affect you before you agree to it. Those concerns can then help us build your defense strategy.
Firearm rights require particular attention. State and federal laws restrict firearm possession based on specific convictions and other disqualifying circumstances, so the effect does not depend solely on whether Pennsylvania labels the offense a misdemeanor or felony. You should understand whether a proposed outcome could affect your firearm rights before agreeing to it.
If you are trying to understand the difference between a misdemeanor and a felony in Pennsylvania for your own case, the name of the charge is only the starting point. Prosecutors base charges on the elements of the alleged offense and the facts they believe they can prove. Some criminal statutes also impose different grades based on circumstances specified in the law.
Your record can also influence sentencing. Pennsylvania’s sentencing system considers prior convictions when calculating a defendant’s prior record score, which can affect the guideline range a judge considers after a conviction. Certain offenses also have sentencing provisions that apply to repeat offenders.
Whether you’ve been charged with misdemeanors or felonies, you are facing severe consequences and a criminal record that could last for the rest of your life. Even minor felonies can cause trouble in your everyday life, so finding a skilled and understanding defense attorney is crucial.
At Skinner Law Firm, we can review your criminal history and the evidence supporting the charges before advising you about the case. Our team can identify the grading prosecutors have alleged and assess whether factual or legal issues could affect your sentencing exposure or options. You should have that information before deciding whether to negotiate a resolution or contest the charge.
Yes, but prosecutors cannot simply relabel the same offense as a felony without a legal basis. The criminal statute and the facts alleged determine the grading, while prior convictions may increase it when Pennsylvania law specifically permits it.
Yes, a felony charge can sometimes be resolved as a misdemeanor through plea negotiations or changes to the charges when the circumstances support that result. Whether a reduction is realistic depends on the evidence and the lesser offenses that fit the circumstances of the case.
At a preliminary hearing, the Commonwealth must present enough evidence to establish a prima facie case that a crime occurred and that you probably committed it. The hearing does not determine whether you are guilty, but it gives the defense an important opportunity to examine the prosecution’s case before the charges proceed.
Pennsylvania allows expungement only in specific circumstances, so a misdemeanor or felony conviction does not qualify simply because time has passed. Other forms of record relief, including limited access under Pennsylvania’s record-sealing laws, can apply in circumstances where a full expungement is unavailable.
Yes, a pending Pennsylvania criminal case can appear on some background checks before the court reaches a final outcome. What a particular employer or organization sees depends on the records searched and the type of background check performed.
Possibly. Your ability to leave Pennsylvania depends on your bail conditions and any travel restrictions the court imposed, so check those requirements before leaving the state. If your conditions restrict travel, we can figure out whether you should ask the court for permission.
The decisions you make after a misdemeanor or felony charge can influence the outcome of your case. You do not have to make those decisions without knowing what types of consequences the charge actually exposes you to.
Our attorneys can evaluate the charge and evidence against you to help you understand your options. Speak with our Pennsylvania criminal defense lawyers about your individual circumstances and the strategy for your case. Contact Skinner Law Firm today to discuss your charges.
Michael J. Skinner, the founder of Skinner Law Firm LLC, is a former prosecutor with the Chester County District Attorney’s Office.
By Michael Skinner |
11 Nov, 2025
