Omar Bennett
In Pennsylvania, misdemeanors are considered less serious crimes than felonies, but they are still crimes nonetheless. Misdemeanor convictions can carry up to five years in jail, as well as probation, payment of fines, community service, and restitution. The state's criminal sentencing rules are complex, and judges have considerable discretion in sentencing. Pennsylvania divides misdemeanors into three levels: first-degree, second-degree, and third-degree misdemeanors. Each level carries different penalties, with first-degree misdemeanors having the harshest consequences among the three.
| Characteristics | Values |
|---|---|
| First-degree misdemeanors | Up to 5 years' incarceration and no more than $10,000 in fines |
| Second-degree misdemeanors | Up to 2 years' incarceration and no more than $5,000 in fines |
| Third-degree misdemeanors | Up to 1 year of incarceration and no more than $2,500 in fines |
| Examples of misdemeanors | Involuntary manslaughter, theft of property worth between $200 and $2,000, shoplifting merchandise worth $150 or more, DUI, manufacturing a controlled substance, stalking, possession of a small amount of marijuana for personal use |
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What You'll Learn
Penalties for second and third-degree misdemeanors
Pennsylvania divides misdemeanours into three degrees, with a maximum penalty set by degree. Misdemeanour offences in Pennsylvania can carry significant penalties, including prison sentences. The state uses indeterminate sentencing, meaning that when a person is convicted and sentenced to incarceration, the judge will set a minimum and maximum term. The maximum penalty for a misdemeanour in Pennsylvania is two years' incarceration.
For a second-degree misdemeanour, the maximum fine is $5,000, and the maximum jail sentence is two years. For a third-degree misdemeanour, the maximum fine is $2,500, and the maximum jail sentence is one year.
Some crimes that are generally treated as misdemeanours in Pennsylvania can become felonies, depending on the accused's prior record. For example, stalking is generally a first-degree misdemeanour, but it becomes a third-degree felony if the accused has a previous conviction for stalking, certain violent crimes, or violating a protective order.
Judges have considerable leeway when deciding on a sentence. They also have the option of sentencing the accused to drug treatment or partial confinement, which would allow them to leave prison for approved reasons like working, school, or taking care of their family. For some low-level misdemeanours like graffiti, the judge may sentence the accused to supervised community service instead of incarceration.
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Examples of misdemeanors
Misdemeanor crimes in Pennsylvania are classified as first, second, or third-degree misdemeanors, with first-degree misdemeanors carrying the harshest penalties. While misdemeanors are not as serious as felonies, they are still crimes and carry significant legal and collateral consequences. If convicted of a misdemeanor, you will have a criminal record, which can make obtaining future employment or acceptance into a university difficult.
Examples of first-degree misdemeanors in Pennsylvania include stalking, theft of property worth between $200 and $2,000, and shoplifting merchandise worth $150 or more. If an individual has a previous conviction for stalking, certain violent crimes, or violating a protective order, stalking can be elevated to a third-degree felony.
Second-degree misdemeanors in Pennsylvania can result in a maximum sentence of two years in jail. However, specific penalties for second-degree misdemeanors are not readily available.
Third-degree misdemeanors are considered the least serious type of misdemeanor. However, they can still result in up to one year in prison and significant fines. Examples of third-degree misdemeanors in Pennsylvania include driving under the influence (DUI) with a prior conviction, loitering and prowling, obstructing emergency vehicles, and selling liquor to minors. Manufacturing a controlled substance is also a third-degree misdemeanor, but if the substance is meth, the sentence is enhanced to at least two years of incarceration without the possibility of probation, parole, or work release.
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Misdemeanor sentencing
First-degree misdemeanors carry the harshest penalties for a misdemeanor offense, with a potential sentence of up to five years in jail. Second-degree misdemeanors can result in a maximum sentence of two years in jail, while a third-degree misdemeanor conviction may result in up to one year in jail.
Some crimes that are generally treated as misdemeanors in Pennsylvania can become felonies depending on the defendant's prior record. For example, stalking is generally a first-degree misdemeanor, but it becomes a third-degree felony if the defendant has a previous conviction for stalking, certain violent crimes, or violating a protective order.
Pennsylvania requires mandatory minimum sentences for some misdemeanors. For instance, a conviction for driving under the influence (DUI) with a prior conviction (a third-degree misdemeanor) carries a mandatory minimum sentence of five days in jail and a maximum of six months, plus a fine of $300 to $2,500. On the other hand, manufacturing meth, a third-degree misdemeanor, carries a mandatory minimum sentence of two years of incarceration without probation, parole, or work release.
Pennsylvania law allows alternatives to jail time for misdemeanors. Depending on the circumstances, a judge may sentence a defendant to probation instead of incarceration (unless there is a mandatory minimum sentence for the crime) or a "split sentence," which involves jail time and probation. The judge may also sentence the defendant to drug treatment or partial confinement, allowing them to leave prison for approved reasons like work or school. For low-level misdemeanors, such as graffiti, a judge may order supervised community service instead of incarceration.
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Misdemeanor vs. felony
In the United States, misdemeanors are considered less serious crimes than felonies. Misdemeanors typically include non-violent crimes, such as shoplifting, reckless driving, simple assault, drug possession, or vandalism. They are generally punishable by short jail sentences, smaller fines, and temporary punishments. In most states, a misdemeanor is a criminal offence that carries a potential jail term of less than one year, with some state-to-state variation. For example, in Pennsylvania, the maximum jail sentence for a misdemeanor is five years, with the harshest penalties for a first-degree misdemeanor.
Felonies, on the other hand, are the most serious crimes and carry long prison sentences, large fines, and potentially permanent loss of freedom and other privileges. They often involve physical violence or actions that can cause extreme psychological harm. Examples include murder, rape, burglary, kidnapping, and arson. Felonies are typically punished with sentences of more than one year, served in a state or federal prison.
It's important to note that the classification of crimes can vary between states, and a crime that is considered a misdemeanor in one state may be classified as a felony in another. For example, in Massachusetts, the distinction between felonies and misdemeanors is based on whether the crime can be punished by a state prison sentence. If a crime is punishable by a sentence in state prison, it is considered a felony, whereas if it can only be punished by a sentence in a county jail or house of correction, it is considered a misdemeanor.
In Pennsylvania, the criminal justice system classifies crimes into misdemeanors, felonies, and summary offences. Some crimes that are generally treated as misdemeanors, such as stalking, can become felonies depending on the defendant's prior record. For example, stalking is typically a first-degree misdemeanor, but it becomes a third-degree felony if the defendant has a previous conviction for stalking or certain other violent crimes.
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Probation and alternatives to jail time
Pennsylvania divides misdemeanours into three degrees, with a maximum penalty set by degree. Misdemeanour convictions can carry up to five years in jail, but the maximum sentence for a misdemeanour in the second degree is two years, and for the third degree, it is one year.
Pennsylvania law allows various alternatives to a sentence in jail for a misdemeanour. Depending on the circumstances, a judge may sentence probation instead of incarceration. However, this is not an option if there is a mandatory minimum sentence for the crime in question. Another option is a "split sentence", which means part of the sentence is served in jail, and the rest on probation.
Probation generally comes with conditions that the defendant must abide by or risk being sent to jail. For example, if the misdemeanour involved stealing or damaging the victim's property, or the victim was injured, the judge will order restitution as a condition of probation or parole.
Other alternatives to jail time include community service, payment of fines, and punitive damages to the victim.
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Frequently asked questions
Misdemeanours are generally less serious crimes in which fewer people suffered harm, or the amount of monetary loss is less. Felonies are usually more serious with a wider range of harm, including physical, psychological, and financial harm.
A second-degree misdemeanour in Pennsylvania can carry a sentence of up to two years in jail and no more than $5,000 in fines.
A third-degree misdemeanour in Pennsylvania can carry a sentence of up to one year in jail and no more than $2,500 in fines.
