SENTENCING IN PENNSYLVANIA
Below is a summary of the types of crimes and penalties that go along with each category.
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FELONIES
Felony crimes in Pennsylvania are categorized as Felony Murder, Felony in the 1st Degree (F1), Felony in the 2nd Degree (F2), or Felony in the 3rd Degree (F3) or Ungraded Felony, which is the same as an F3.
Murder
Murder is a felony in Pennsylvania. Offenses include murder, murder of an unborn child, and murder of a law enforcement officer. Felony murder is further separated into a crime of the 1st degree, 2nd degree, and 3rd degree.
Murder in the first degree is a capital offense in Pennsylvania, which is punishable by death.
Murder in the second degree or first degree murder of an unborn child carries a sentence of life in prison.
Murder in the third degree carries a sentence of up to 40 years in prison.
First-Degree Felony
The penalties for a 1st degree felony conviction include up to 20 years in prison and a fine of up to $25,000. Crimes included in this category are:
- Murder
- Aggravated assault with a deadly weapon
- Kidnapping
- Rape
- Arson endangering persons
- Theft of property worth $500,000 or more
Second-Degree Felony
The penalties for 2nd degree felony conviction include up to 10 years in prison and a fine of up to $25,000. Crimes included in this category are:
- Sexual assault
- Involuntary manslaughter of a victim under 12 years old
- Burglary (with no one in the structure)
- Indecent assault
- Aggravated assault
- Theft of property worth at least $100,000 but less than $500,000
Third-Degree Felony
The penalties for 3rd degree felony conviction include up to 7 years in prison and a fine of up to $15,000. Crimes included in this category are::
- Bribery
- Possession of child pornography
- Possession with intent to distribute
- Certain gun crimes
- Theft of property worth more than $2,000 but less than $100,000
MISDEMEANORS
Misdemeanor crimes can be associated with heavy fines and jail time.
First-Degree Misdemeanor
The penalties for 1st degree misdemeanor include up to 5 years in prison and a fine of up to $10,000.00. Crimes included in this category are:
- Simple assault
- Terroristic threats
- Stalking
- Assault of a sports official
- Multiple DUI offenses
- Theft of property worth at least $200 but less than $2,000
Second-Degree Misdemeanor
The penalties for 2nd degree misdemeanor include up to 2 years in prison and a fine of up to $5,000.00. Crimes included in this category are:
- Bigamy
- Shoplifting
- Impersonating a public servant
- Strangulation
- Theft of property worth at least $50 but less than $200
Third-Degree Misdemeanor
The penalties for 3rd degree misdemeanor include up to 1 year in prison and a fine of up to $2,500. Crimes included in this category are:
- Possession of marijuana
- Open lewdness
- Railroad vandalism
- Loitering and prowling at night
- Theft of property worth less than $50
Summary Offenses
A summary offense is a lesser crime than a felony or misdemeanor, with a maximum penalty of 90 days in jail and a fine of up to $300. Most summary offenses result in solely a fine without any jail time.
Crimes in this category include:
- Disorderly conduct
- Loitering
- Harassment
- Underage drinking