![]() ![]() ![]() You'll serve your time in county jail (or what may be called county prison in Pennsylvania) if the maximum term in your sentence is two years or less. In Pennsylvania, the maximum term of your sentence will determine where you're incarcerated, rather than the category of the crime you committed. § 780-113 (2023).) Incarceration Options for PA Misdemeanors While manufacturing a controlled substance is a third-degree misdemeanor, if you're convicted of manufacturing meth, you must be sentenced to at least two years of incarceration, without probation, parole, or work release.If you're convicted of driving under the influence (DUI) with one prior (a third-degree misdemeanor), you must serve at least five days in jail and up to a maximum of six months, plus pay a fine of $300 to $2,500.This means that the lower end of the indeterminate sentence range must be for at least a certain amount of time. Pennsylvania requires mandatory minimum sentences for some misdemeanors and under some circumstances. Code §§ 303.1 to 303.18 (2023).) Mandatory Minimum Sentence for Some PA Misdemeanors However, these are only guidelines judges aren't legally required to follow them. ![]() The state has sentencing guidelines to help Pennsylvania judges decide on the most appropriate sentence (within the legal limits), based on factors such as your criminal record and aggravating or mitigating circumstances. As a general rule, the maximum can't be more than the legal limit for your crime (as discussed below), and the minimum can't be more than half of the maximum. This means that when you're convicted and sentenced to incarceration, the judge will set a minimum and maximum term-such as one to two years. Pennsylvania's criminal sentencing rules are complicated, and judges have considerable leeway when deciding on a sentence.įor most crimes, Pennsylvania uses what's known as "indeterminate" sentencing. § 2709.1 (2023).) How Misdemeanor Sentencing Works in Pennsylvania For example, stalking is generally a first-degree misdemeanor, but it's a third-degree felony if you have a previous conviction for stalking, certain violent crimes, or violating a protective order. Some crimes that are generally treated as misdemeanors in Pennsylvania can become felonies, depending on your prior record. §§ 2709, 3903, 5503 (2023).) When Previous Convictions Turn Misdemeanors Into Felonies Disorderly conduct after receiving a reasonable warning.Spreading a nude or sexual image of a current or former intimate partner without consent (sometimes called " revenge porn").Failure to disperse after an order to do so.Shoplifting merchandise worth $150 or more.Theft of property worth between $200 and $2,000.§§ 9726, 9758 (2023).) Examples of Misdemeanor Crimes in Pennsylvaniaīelow are just a few examples of crimes that Pennsylvania treats as misdemeanors. Many individual misdemeanor crimes also have different maximum fines, and some require minimum fines in addition to incarceration. For instance, possession of a small amount of marijuana for personal use carries a maximum jail sentence in Pennsylvania of 30 days and a $500 fine, even though it's a misdemeanor. Many individual crimes, however, have different maximum sentences than the standard ones listed above. If the fine amount is not based on illegal gains, the maximum fine for the degree of misdemeanor is: second-degree misdemeanor: two years, andĪs a general rule, a misdemeanor fine can't be higher than twice the amount of your financial gain from the crime.The maximum sentence of incarceration for a misdemeanor is: Pennsylvania divides misdemeanors into three degrees with a maximum penalty set by degree. How Pennsylvania Classifies and Punishes Misdemeanors This article gives a basic overview of how sentencing works in the state, the different degrees of misdemeanors and maximum sentences for each of them, and potential alternatives to jail as punishment for misdemeanors. But in Pennsylvania, unlike most states, some misdemeanors could lead to a jail sentence for more than a year-and you might even have to serve time in state prison for the most serious misdemeanors. Misdemeanors are less-serious crimes than felonies. ![]()
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