Understanding First-degree Misdemeanors in Pennsylvania

In Pennsylvania, a first-degree misdemeanor is one of seven (7) classifications of offenses under Pa.C.S. § 106. Although less serious than felonies, they are the highest classification of misdemeanors and carry the most severe penalties among the misdemeanor classification.

Per Pa.C.S. § 1101-1104, first-degree misdemeanors are punishable by up to five (5) years in prison and a maximum fine of $10,000. They may also be subject to additional penalties, like probation, community service, restitution, and mandatory treatment or counseling.

Examples of First-degree Misdemeanors in Pennsylvania

Some examples of first-degree misdemeanor offenses in Pennsylvania include the following:

• Terroristic threats (Pa.C.S. § 2706): these are offenses where an individual makes a threat, either directly or indirectly, to:
  • Commit a violent crime with the intention of terrorizing another
  • Cause serious public terror or inconvenience
  • Trigger the evacuation of a place of assembly, a public transportation facility, or a building.
• Theft (Pa.C.S. § 3901): Different types of theft offenses constitute first-degree misdemeanors. They include:
  • Financial exploitation of a care-dependent person or an adult involving less than $2,000
  • First or second retail theft offense of merchandise with a value of $150 or more
  • First or second library theft offense of material(s) valued at $150 or more
  • Motor vehicle theft involving more than $200
  • Theft of secondary metal valued between $200 and $1,000
  • First or second theft of mail involving mail valued at $200 to $2,000
• Simple assault against a child under the age of 12 years, where the assaulter is 18 years old or above, per Pa.C.S. § 2701.
• Driving under the influence of alcohol or a controlled substance (DUI) per Pa.C.S. § 3803, provided any of the following is true:
  • It resulted in an accident involving bodily injury or the death of another person, or damage to a vehicle or other property.
  • The driver refused to take a breath or chemical test pursuant to a search warrant, court order, or any other basis permitted by law.
  • The driver has one or two prior DUI offenses.
• Possession of any instrument of crime, firearm, or any other weapon with the intention of using them criminally (Pa.C.S. § 907)

Generally, cases involving first-degree misdemeanor offenses are considered criminal cases and are handled by the Pennsylvania Courts of Common Pleas. As a result, information about these cases is often detailed in Pennsylvania criminal court records.

The table provides summarized pertinent details about common first-degree misdemeanor offenses in Pennsylvania.

Penalties for a First-degree Misdemeanor in Pennsylvania

According to Pa.C.S. § 1101-1104, the maximum penalties for a first-degree misdemeanor in Pennsylvania are five (5) years imprisonment and a $10,000 fine. Under Pa.C.S. § 9762, individuals sentenced to imprisonment may serve their terms in either a county jail or a state prison, depending on the length of the sentence. Individuals serving less than two (2) years are usually held in a county jail within the jurisdiction of the sentencing court. Conversely, those whose terms exceed 2 years are held in state prisons.

Furthermore, some offenses may be subject to additional penalties prescribed by state laws. Most notably, Pa.C.S. § 3804(e) imposes an 18-month licence suspension for a first-degree misdemeanor DUI offense. Courts are also allowed to issue sentencing alternatives listed in Pa.C.S. § 9721 to 9730.3.

Probation and Alternative Sentencing Options in Pennsylvania

In Pennsylvania, some of the standard alternative sentencing options available for first-degree misdemeanors include the following:

• Probation: This is a court order period of supervision that a convicted individual serves while remaining in their community. While on probation, the defendant must refrain from committing any further offenses and strictly adhere to all conditions of their probation; otherwise, they risk being incarcerated. Courts may consider the grounds listed in Pa.C.S. § 9722 when determining whether to issue an order of probation. Additionally, Pa.C.S. § 9763 governs the acceptable conditions of probation.
• Fines only: in accordance with Pa.C.S. § 9726(a), courts may sentence a defendant only to pay a fine in lieu of an imprisonment sentence. However, there are certain expectations. For instance, a court may not sentence a defendant to pay a fine that may prevent them from being able to pay restitution or reparation to the victim(s) of their crime.
• Guilty verdict without further penalty: If the court determines that probation is appropriate for the offense committed but concludes that it is unnecessary, it may, under Pa.C.S. § 9726(a), impose a guilty verdict without further penalty.
• Diversionary Programs: These are designed to rehabilitate individuals without incarcerating or entangling them in the justice system. Some examples of these programs include Accelerated Rehabilitative Disposition (ARD), Youth Aid Panels (YAPs), drug court, and mental health court. Generally, eligibility for these programs varies by jurisdiction. Notwithstanding, minors, first-time offenders, and nonviolent offenders are usually eligible for these programs.

It is worth noting that courts have complete discretion in determining whether to grant alternative sentencing. Courts may consider different factors before granting such sentences. These include, but are not limited to, the severity of the crime committed and the offender’s criminal history.

Can a First-degree Misdemeanor Be Expunged or Sealed in Pennsylvania?

In Pennsylvania, expungement and sealing of criminal records are governed by Pa.C.S. § 9122 and Act No. 36 of 2023, respectively. Under these laws, first-degree misdemeanors may be eligible for expungement or sealing, provided certain conditions are met. For instance, a first-degree misdemeanor conviction may qualify for expungement if:

• The defendant is over 70 years old and has not been arrested within the past 10 years
• The defendant has been dead for 3 years or more
• The governor issued a pardon for the conviction.
• The defendant completes their ARD program and pays the relevant fines.

Meanwhile, first-degree misdemeanor convictions for any of the following offenses may be eligible for sealing after seven years:

• DUI
• Theft
• Terroristic threats
• Simple assault
• Disorderly conduct
• Drug crimes
• Possession of an instrument of a crime

Compared to sealing a record, expungement is more absolute. It generally results in the destruction and erasure of a criminal record. Meanwhile, sealed records are only hidden and restricted from public access, which in turn prevents them from appearing during background checks. Notwithstanding, both processes have similar benefits. They may improve an individual's chances of getting better job opportunities as well as housing options. They may also result in a lower insurance premium, especially for individuals who get their DUI convictions sealed or expunged.

Long-Term Consequences of a First-degree Misdemeanor Conviction

Having a first-degree misdemeanor conviction on one’s criminal record may affect different aspects of an individual’s life. These includes:

• Employment opportunities: Individuals with certain first-degree misdemeanor convictions are prohibited from holding specific jobs. This applies to jobs where individuals are responsible for safeguarding people or physical property, such as law enforcement and security jobs, as well as those involving direct contact with vulnerable populations, including the elderly and children.
• Housing options: Most landlords conduct background checks on potential tenants and may screen out rental applications of individuals with certain criminal convictions, especially those involving violent offenses. Although landlords may not outrightly ban tenants with a conviction, they may base their decision to reject them on their criminal history.
• Family law-related matters: Individuals with a first-degree conviction for certain types of offenses listed in 23 Pa.C.S. § 6344(c) are disqualified from adopting children or caring for foster children. Some examples of these offenses include stalking, endangering the welfare of a child, and indecent exposure.
• Professional license restrictions: Professional license boards are permitted to deny applications from individuals who have a misdemeanor conviction related to the type of professional license they are applying for pursuant to 18 Pa.C.S. § 9124(c).
• Firearm rights: Individuals who have a first-degree misdemeanor conviction on their criminal records are prohibited under 18 Pa.C.S. § 6105 from possessing a firearm for the rest of their lives.

What to Do if You’re Charged with a First-degree Misdemeanor in Pennsylvania

In Pennsylvania, when a person gets charged with a first-degree misdemeanor, it is crucial that they understand their charges and potential consequences. They may consult with a licensed attorney, as they may evaluate the charges, develop a possible defense strategy, and oversee negotiations with the prosecutors. It is also important to preserve records concerning the charges. These include a detailed timeline of the events, potential witnesses' contact information, and interactions with law enforcement agencies. They should also maintain contact with the prosecuting court to ensure that they do not miss their court date.

Statute of Limitations for First-degree Misdemeanors in Pennsylvania

According to the Pa.C.S. § 5552, the general statute of limitations for a first-degree misdemeanor in Pennsylvania is two (2) years after the crime is committed. However, there are some exceptions, such as theft by unlawful taking and terroristic threats, which have a five (5) years statute of limitations. Furthermore, sexual offenses committed against a minor, such as indecent assault and exposure, are treated differently. The period of limitation clock for these offenses typically starts when the minor turns 18 years old.

The table below outlines the statute of limitations for some notable first-degree misdemeanors in Pennsylvania: