Pennsylvania Felony Classifications Under Title 18
Crimes in Pennsylvania are classified under Title 18 § 106 of the Pennsylvania Statutes. Felony sentences are indeterminate, meaning the court imposes both a minimum and a maximum term. The minimum can’t exceed half the maximum, and the maximum can’t exceed the statutory cap for that degree. Some offenses carry fixed statutory terms set by law.
Felony Degrees & Maximum Sentences
Felonies fall into three degrees with the following maximum sentences:
- First-degree felonies: up to 20 years in prison
- Second-degree felonies: up to 10 years in prison
- Third-degree felonies: up to seven years in prison
Fixed statutory terms apply to the most serious offenses. A conviction for rape of a minor under 13, for example, carries 40 years or life in prison depending on whether the victim suffered serious injury.
Fines for Felony Convictions
Fines can reach $15,000 for third-degree felonies, $25,000 for first- or second-degree felonies, and $50,000 for attempted murder or murder.
Examples of Felony Charges in Pennsylvania
Felony offenses include but are not limited to:
Beyond incarceration and fines, a felony conviction can carry restitution to victims, lengthy probation, and mandatory sex offender registration for serious sex offenses. These long-term consequences make the quality of your defense from day one important.
Felony Cases in Lackawanna County Courts
Felony proceedings in Lackawanna County begin at the Magisterial District Court level, where a district judge holds a preliminary arraignment and preliminary hearing to determine whether a prima facie case exists before the matter is bound over to the Lackawanna County Court of Common Pleas. That trial court (the 45th judicial district, located in Scranton) has jurisdiction over adult felony prosecutions throughout the county. How a case moves through that procedural sequence shapes defense decisions from the moment of arrest.
Local Knowledge That Shapes Defense Strategy
Attorney Bernie Brown has worked in the Lackawanna County Courthouse in Scranton throughout his career and has developed practical familiarity with local prosecutors, judges, and law enforcement. That working knowledge allows us to respond quickly at every stage, from preliminary hearing strategy through trial. Federal felony charges involving Lackawanna County residents are handled in the U.S. District Court for the Middle District of Pennsylvania, where Attorney Brown is also prepared to appear.
Collateral Consequences of a Felony Conviction
A felony conviction carries consequences well beyond sentencing. Employment opportunities narrow, professional licenses can be revoked, housing applications are affected, and certain sex offenses trigger registration requirements under Pennsylvania’s Megan’s Law. We approach every case with those long-term stakes in view.
Commonly Asked Questions About PA Felony Charges
What Crimes Are Considered Felonies in Pennsylvania?
A wide range of violent and nonviolent offenses qualify, including murder, rape, kidnapping, robbery, burglary, aggravated assault, drug trafficking, and certain white-collar crimes. Some offenses are automatically classified as felonies; others are “wobbler” offenses that may be charged as either a misdemeanor or a felony depending on the circumstances, harm caused, and the accused’s criminal history.
Is Jail Time Mandatory for Felony Charges in PA?
Not always. The court determines the sentence based on the specific offense and the defendant’s criminal history. That said, some charges carry mandatory minimum sentences: murder, rape, and aggravated assault among them.
Can Felony Charges Be Reduced or Dismissed?
Yes. Charges can sometimes be reduced or dismissed based on weaknesses in the evidence, procedural errors, or negotiation with the prosecution. Every case turns on its own facts, which is why a thorough case evaluation matters early.
What Are the Potential Penalties for a Felony Conviction in Pennsylvania?
Penalties can include substantial prison time, fines, probation, restitution, and a permanent criminal record. The severity depends on the degree of the felony and the individual’s prior criminal history.
How Does Prior Criminal History Affect Felony Charges?
Prior convictions can lead to enhanced penalties under the Pennsylvania sentencing guidelines, including longer sentences and reduced eligibility for parole. Courts weigh a defendant’s record when determining where within the guideline range to sentence.
What Should I Do If I’m Arrested for a Felony?
Remain calm, stay silent, and contact a criminal defense attorney as soon as possible. Anything you say to law enforcement can be used against you. Exercising your right to counsel immediately is an important step you can take.
Is It Possible to Appeal a Felony Conviction in Pennsylvania?
Yes. An appeal must be grounded in legal error, such as trial process mistakes or insufficient evidence to support the verdict. Appellate work requires different skills than trial work, and consulting with an attorney experienced in appeals is important.
What Role Does Evidence Play in Felony Cases?
Evidence is central. The prosecution must prove guilt beyond a reasonable doubt, which requires credible, admissible evidence at every element of the charge. Challenging the sufficiency or admissibility of that evidence is often a key part of felony defense.
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Helpful Resources
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