Felonies in PA: A Comprehensive Guide
A felony constitutes a serious criminal offense with potentially long-lasting consequences. Felonies in PA are classified into different levels, each with varying degrees of severity.
Per prisonpolicy.org, Pennsylvania has one of the highest incarceration rates internationally. Here are some of the more common questions relating to felony charges in Pennsylvania.
What Crimes are Felonies?
Felonies typically involve more serious offenses. Consequently, they're punishable by substantial fines and imprisonment for one year or more. The list is lengthy and includes numerous types of crimes:
- Murder
- Manslaughter
- Rape and Sexual Assault
- Robbery
- Aggravated Assault
- Burglary
- Kidnapping
- Arson
- Drug Trafficking and Distribution
- Grand Theft
- Identity Theft
- White-Collar Crimes
- Domestic Violence
- Hate Crimes
- Possession of Illegal Firearms
According to the Federal Bureau of Prisons, the majority of convicted felons in prison are there for drug crimes (44.4%), weapons and arson (12.4%), or sex offenses (12.4%).
If charged with a felony, a criminal lawyer can help determine the nature of your crime and potential penalty.
What are the levels of felony offenses in PA?
In Pennsylvania, crimes fall under three levels:
- Felony 1 (F1): The most severe offense resulting in up to 20 years of jail time and fines up to $25,000. Examples include rape, arson, murder, kidnapping, and some gun crimes.
- Felony 2 (F2): Considered less severe than F1 but still significant. You can still face up to 10 years in prison and up to $25,000 in fines. Common second-degree crimes include aggravated assault, property theft, statutory sexual assault, and burglary.
- Felony 3 (F3): The least severe, leading to up to 7 years in prison and up to $15,000 fines. Stalking, bribery, identity theft, perjury, and carrying a firearm without a license are examples.
How much stolen property constitutes felony charges?
If the value of the property taken is $2,000.00 or more, you face felony charges. In addition, if the offense involves a motor vehicle, boat, or airplane, the offense is a felony.
What makes a DUI a felony in PA?
Most Pennsylvania DUI offenses result in misdemeanor charges. However, cases involving serious injury or death will likely bring felony charges.
Additionally, as your blood alchohol content (BAC) increases, the penalties for DUI become more severe. For example, third offenses can result in felony charges. In addition, if you have two offenses with a BAC of .16 or higher, you face a felony conviction.
Regardless of level, with a third DUI, you will receive a felony charge.
Pennsylvania also has a 10-year “look back” period. So, a court will look to see if you have any DUI convictions within the last ten years.
Is drug possession a felony in PA?
Drug possession in Pennsylvania can be either a felony or a misdemeanor. It depends on the type and quantity of the controlled substance. For example, authorities often classify possession of a small amount of marijuana as a misdemeanor. However, possessing larger quantities of controlled substances may lead to criminal charges.
What is the difference between a felony and a misdemeanor?
The key differences come down to the severity of the offense and the potential penalties. For instance, felony offenses are more severe crimes. As a result, they generally result in imprisonment for over a year. Misdemeanors, on the other hand, are less severe and usually carry shorter sentences, if any.
With either, however, you should seek legal representation from a criminal lawyer. The criminal justice system and criminal laws are complex and demand support from an attorney.
Is hit and run a felony in PA?
You can face felony charges for a hit and run in Pennsylvania. That's especially true if the accident resulted in severe injury or death. Regardless, leaving the scene of an accident is a crime, and the severity of the charge depends on the circumstances.
Do first-time offenders go to jail in PA?
First-time offenders in Pennsylvania may or may not face prison sentences. It depends on the specific circumstances of the case, the level, and the judge's discretion. Pennsylvania has various sentencing options, including probation, fines, and intermediate punishment programs for eligible individuals.
Does Pennsylvania have a three-strike law?
Pennsylvania has two- and three-strikes laws. They mandate minimum terms of 10 and 25 years for certain second and third-time offenders. It applies to violent crimes such as:
- Third-degree murder
- Voluntary manslaughter
- Aggravated assault
- Sexual offenses
- Kidnapping
- Burglary
What happens after an indictment for a felony in PA?
After an indictment in a criminal case, the legal process continues with court proceedings. However, you will have the opportunity to defend yourself, either through negotiations or trial. So consulting with a felony lawyer or criminal defense attorney is essential. They can help you understand your indictment's specific implications and build a defense strategy.
Do felonies go away after 7 years?
Felonies do not automatically go away after a certain number of years. In Pennsylvania, for example, convictions generally remain on your criminal record permanently unless expunged.
Can you get a felony expunged?
In Pennsylvania, you can get some convictions expunged under specific circumstances. Typically, only non-conviction records or minor offenses are eligible for expungement.
Can you get a passport with a felony?
It may affect your ability to obtain a passport, but it does not automatically disqualify you. However, some countries may deny entry to individuals with certain felony convictions. Check the specific passport requirements and restrictions for your situation.
Montgomery County Criminal Lawyers
If you face felony charges, you should immediately talk with an experienced criminal defense lawyer. Our criminal lawyers represent clients in Montgomery County, PA and surrounding areas. They can provide counsel with a defense strategy to assist.