What Is the Difference Between a Felony and a Misdemeanor in Pennsylvania?
In Pennsylvania, the primary difference between a felony and a misdemeanor is the severity of the crime and the potential punishment. Felonies are the most serious criminal offenses, punishable by potential years in state prison, up to life imprisonment.
Misdemeanors are less serious crimes that carry maximum sentences of up to 5 years’ imprisonment. This distinction matters because the classification of your charge affects everything from bail to sentencing to long-term consequences, such as employment and voting rights.
Even though misdemeanors are less severe than felonies, they still carry penalties and create a criminal record. Regardless of your charge, promptly consult a Pennsylvania criminal defense attorney at Decker Bradburn.
Pennsylvania’s Felony Classifications
Pennsylvania law divides felonies into three degrees, each with different sentences:
- First-degree felonies are the most serious, including crimes such as murder, rape, and kidnapping. Convictions can carry 10 to 20 years in state prison, or even life, for certain offenses.
- Second-degree felonies include aggravated assault, burglary, and robbery, punishable by five to ten years in prison.
- Third-degree felonies, such as theft over $2,000 or certain drug offenses, carry sentences of 2.5 to 7 years.
Some crimes are ungraded felonies. The court sets sentences based on the law and the facts of each case.
Pennsylvania’s Misdemeanor Classifications
Misdemeanors are divided into three degrees as well:
- First-degree misdemeanors include crimes like simple assault, DUI with certain aggravating factors, and stalking. These offenses carry a maximum sentence of up to 5 years in county jail and fines of up to $10,000.
- Second-degree misdemeanors, such as reckless endangerment and harassment, carry a maximum of 2 years in jail and fines up to $5,000.
- Third-degree misdemeanors are the least serious criminal offenses and include offenses like disorderly conduct and low-level retail theft. Maximum penalties include up to 1 year in jail and fines up to $2,500.
Ungraded misdemeanors carry the same maximum sentence as third-degree misdemeanors unless the law states otherwise.
Can Felony Charges Be Reduced to Misdemeanors in PA?
Felony charges can sometimes be reduced to misdemeanors in Pennsylvania by negotiations or legal challenges. A criminal defense attorney may do this by negotiating with prosecutors, challenging the evidence, showing mitigating circumstances, filing motions to suppress evidence, or finding procedural errors.
These strategies depend on facts, prosecutors’ policies, and your defense. Reducing a felony decreases prison time, keeps some civil rights, and lessens long-term effects.
Seek Help from a Criminal Defense Lawyer
Prosecutors may have discretion in charging offenses. For example, theft may be classified as either a felony or a misdemeanor depending on the value involved. An experienced defense attorney can negotiate to reduce charges or seek to have charges dismissed. Even minor changes in classification can dramatically impact sentencing and long-term effects.
If you are facing criminal charges in State College or Centre County, contact the Decker Bradburn criminal defense attorneys immediately at 814-308-8895, or online for a confidential case evaluation. Take action today to protect your rights and your future.