Criminal Defense | Felony and Misdemeanor
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Blue Bell, PA Criminal Lawyer
In Pennsylvania, there are different classes of crimes including a felony or misdemeanor that are described in 18 Pa.C.S.A. § 106. They are as follows:
(1) Murder of the first degree, of the second degree or of the third degree, first degree murder of an unborn child, second degree murder of an unborn child or third degree murder of an unborn child.
(2) Felony of the first degree. A crime is a felony of the first degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is more than ten years.
(3) Felony of the second degree. A crime is a felony of the second degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than ten years.
(4) Felony of the third degree. A crime is a felony of the third degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than seven years. A crime declared to be a felony, without specification of degree, is of the third degree.
(5) Misdemeanor of the first degree. A crime is a misdemeanor of the first degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than five years.
(6) Misdemeanor of the second degree. A crime is a misdemeanor of the second degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two years.
(7) Misdemeanor of the third degree. A crime is a misdemeanor of the third degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than one year. A crime declared to be a misdemeanor, without specification of degree, is of the third degree.
(8) Summary offenses. An offense defined by this title constitutes a summary offense if: (a) it is so designated; or (b) if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 90 days.
Any offense declared by law to constitute a crime, without specification of the class thereof, is a misdemeanor of the second degree, if the maximum sentence does not make it a felony under this section.
In addition, a felony or misdemeanor can subject the individual to fines and probation. It is always sound advice to engage the services of an experienced Pennsylvania criminal lawyer with regards to the classification of the felony or misdemeanor. A good strategy for any defense always begins with an understanding of the maximum penalties an accused can face for a particular crime.
If you are charged with a felony or misdemeanor in Pennsylvania, contact The Martin Law Firm for a free consultation. The Martin Law Firm handles felony and misdemeanor cases in Montgomery County, PA and surrounding counties. The Martin Law Firm office is located in Blue Bell, PA.