Offense Grading in Pennsylvania
Summary Offense, Misdemeanor or Felony
When you are charged with a criminal offense in Pennsylvania, the offense will be “graded” as a summary offense, misdemeanor or felony, with each category reflecting a higher level of seriousness and potential penalties.
Misdemeanors and felonies are further divided into degrees, with lower-numbered degrees being more serious and carrying greater potential penalties. At Shrager Defense Attorneys, our Pittsburgh criminal defense lawyers have deep experience defending charges at every level.
Default Maximum Penalties for Offense Grading
The penalties listed below represent the default maximum penalties (18 Pa.C.S. §§ 1101–1105) associated with each offense grade (18 Pa.C.S. § 106) under Pennsylvania law. These default maximum penalties apply only when the statute defining the offense does not impose a different or enhanced penalty.
(Murder offenses are governed by statute-specific penalty provisions and are included here for reference.)
| Offense | Maximum Prison | Maximum Fine |
|---|---|---|
| Murder of the First Degree | Mandatory death or life | — |
| Murder of the Second Degree | Mandatory life | — |
| Felony of the First Degree (F1) | 20 years | $25,000 |
| Felony of the Second Degree (F2) | 10 years | $25,000 |
| Felony of the Third Degree (F3) | 7 years | $15,000 |
| Misdemeanor of the First Degree (M1) | 5 years | $10,000 |
| Misdemeanor of the Second Degree (M2) | 2 years | $5,000 |
| Misdemeanor of the Third Degree (M3) | 1 year | $2,000 |
| Summary Offense | 90 days | $300 |
Ungraded Offenses in Pennsylvania
Not all felony or misdemeanor offenses in Pennsylvania are assigned a degree. Some offenses are classified as “ungraded,” meaning the statute (law) sets its own penalty range rather than relying on the general grading system.
For example, a first offense for DUI under 75 Pa.C.S. § 3802(a) is deemed a “misdemeanor” under the statute with no reference to the degree. As a result, it is treated as an ungraded misdemeanor and the penalties are controlled by DUI statutes (75 Pa.C.S. § 3804).
Maximum Penalties versus Actual Penalties for Offenses
Maximum penalties represent the highest sentence that a court is legally permitted to impose for a single count of an offense under the applicable statute. When multiple counts are involved, the maximum penalties for each count may be added together, increasing the total potential sentence.
However, actual penalties are often far lower than the statutory maximum and depend on a variety of factors, including:
- the specific facts of the case
- the defendant’s prior criminal record
- the applicable sentencing guidelines
- whether multiple counts are charged
- whether sentences run concurrently or consecutively
- whether a mandatory minimum sentence applies
- whether the case is resolved through a plea agreement
Expungement and Sealing of Offenses
In Pennsylvania, offense grading does not just affect sentencing, it also determines whether a criminal record can ever be expunged or sealed.
Expungement involves removing a criminal record as if it never existed. Limited access, also called “sealing” in Pennsylvania, keeps the record out of public view but allows law enforcement and certain agencies to see it.
- Any offense, regardless of grading, can be expunged if the charges did not result in a conviction (dismissals, withdrawals / nolle prosequi, acquittals).
- Summary offenses can be expunged if the person has “been free of arrest or prosecution for five years following the conviction for that offense” (§ 9122(b)(3)).
- Certain misdemeanor convictions and eligible felony convictions can be placed into “limited access” (automatic sealing) after a period without new convictions as well as compliance with all court-ordered financial obligations.
Free Legal Consultation with an Experienced Criminal Attorney
If you’re facing criminal charges in Pittsburgh or western PA, understanding how offense grading and penalties apply to your case is critical.
At Shrager Defense Attorneys we offer a free, confidential consultation where we will review your charges, explain your options and begin building a strong defense.
Call or Text 412-969-2540 right now for a FREE initial legal consultation. Speak directly with David J. Shrager 24 hours a day, 7 days a week.
