The Pennsylvania Crimes Code categorizes crimes into three categories: felonies, misdemeanors, and summary offenses. Felonies and misdemeanors are further categorized based on the severity of the offense. The three classes of felonies are Felony 1 (F1), Felony 2 (F2), and Felony 3 (F3) and the three classes of misdemeanors are Misdemeanor 1 (M1), Misdemeanor 2 (M2), and Misdemeanor 3 (M3).
Misdemeanors in Pennsylvania are a bit different than in other court systems. The classic definition of “misdemeanor,” like in federal law and in many other states, is an offense that is only punishable by one year in jail or less. In those systems, a “felony” is anything that has a maximum penalty of more than one year. However, Pennsylvania’s misdemeanors can carry up to 5 years in jail! This means they could be treated the same as felonies in other jurisdictions and can even affect certain rights like your ability to purchase firearms in the United States.
Don’t let the term “misdemeanor” catch you off-guard into thinking it isn’t serious; contact our attorneys if you face misdemeanor charges to explore your options.
The maximum penalties for misdemeanors are:
| Category | Incarceration | Fine | Examples |
| Misdemeanor 1 | 5 years | $10,000 | Possessing Instruments of Crime, Terroristic Threats, Indecent Assault, Retail Theft (over $150, 1st/2nd offense) |
| Misdemeanor 2 | 2 years | $5,000 | Simple Assault, Recklessly Endangering Another Person, Retail Theft (under $150, 2nd offense), False Reports to Law Enforcement Authorities |
| Misdemeanor 3 | 1 year | $2,500 | Harassment by Communication, Defiant Trespass, False Identification to Police, Loitering and Prowling, Selling Liquor to Minors |
There are also “ungraded misdemeanors” which don’t fall into any of the above categories. For example, most first-offense DUI charges are ungraded misdemeanors and carry up to 6 months in jail but have mandatory minimum jail time and fines. Most drug offenses are ungraded, as well. Possessing under 30 grams of marijuana for personal use is an ungraded misdemeanor with a 30-day maximum penalty. Possessing any other drug is an ungraded misdemeanor with a one-year maximum but can triple to 3 years if you have certain prior convictions.
Factors:
There are a number of factors that determine what penalties you might receive if found guilty, including the seriousness of the offense, your prior record, and factual circumstances of the case.
For example, retail theft constitutes a summary offense (punishable by 90 days in jail) when it is a first offense and the value of the merchandise is less than $150. A second offense under $150 gets you a second-degree misdemeanor, with potential jail of up to 2 years. But, $150.01 up to $1,000 is a first-degree misdemeanor, punishable by up to 5 years in jail (20 times the penalty of a summary offense!). Over $1,000, or any amount if it’s your third (or more) time getting caught, is a third-degree felony, with a maximum penalty of 7 years in jail.
Retail theft is not the only escalating offense. For example, misdemeanor DUI offenses can quickly jump from a 6-month case to a 60-month case depending on prior record. Misdemeanors for drug possession can escalate depending on your prior record. Other misdemeanors get their grading according to the value involved, like the amount of items stolen in a theft case, or the amount of damage done to property.
If you face misdemeanor charges, no matter how petty or serious, you should consult with an attorney who can evaluate the charges against you and the specific facts of your case.
