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First-Degree Felony in Pennsylvania
In Pennsylvania, first-degree felonies are the most severe version of specific crimes. Offenses in this category typically involve premeditation or intent to cause severe harm to life and property.
Title 18, Chapter 1, Section 6 of the Pennsylvania laws classifies felonies into degrees based on their severity and types of crimes. The statute also appoints penalties based on these degrees. Thus, first-degree felonies have the harshest sentences due to their severity. Case in point: persons convicted of first-degree murder may receive the maximum life imprisonment as a penalty. In contrast, third-degree felonies carry the least severe penalties and may result in a jail term of up to seven years.
Common Crimes Classified as First-Degree Felonies in Pennsylvania
First-degree felonies in Pennsylvania may include the following:
- First-degree murder
- First-degree rape
- Aggravated arson.
- First-degree burglary.
- First-degree kidnapping.
The FBI’s Crime Data Explorer maintains a yearly report on all felonies in Pennsylvania. Per the report, the state’s criminal justice agencies recorded 460 homicides, 2,914 rapes, and 7,333 robberies in 2024.
| Crime | Brief Description |
|---|---|
| Murder in the first degree | Per Section 2502, a person commits murder in the first degree if there was an intention or premeditation to commit the act. |
| Aggravated assault | Per Section 2702, a person is guilty of aggravated assault if he or she: Intentionally or recklessly attempts to cause or causes serious physical injury to another. Attempts to cause or causes serious bodily injury to a government official while in the performance of duty. Attempts to or intentionally causes bodily injury to another with a deadly weapon. |
| Rape | A person commits rape of the first degree when the person engages in sexual intercourse with a victim: By forcible compulsion. By the threat of using force to accomplish the act. Who is unconscious or unaware that the act is occurring. Who is mentally incapacitated and incapable of giving consent. Where the person uses intoxicating substances to impair the victim’s power to appraise or control their conditions. |
| First-degree burglary | A person is guilty of burglary in the first degree when the person enters an occupied residential structure and threatens or threatens to inflict bodily injury on occupants. Section 3502. |
Prison Sentences and Fines for First-Degree Felonies in Pennsylvania
Persons convicted of first-degree felonies may receive up to 20 years and pay up to $25,000 in fines. Note that the penalties differ for specific offenses and may depend on crime severity and subsequent convictions. For instance, persons convicted of first-degree murder may receive life imprisonment or the death penalty.
Likewise, persons convicted of raping a minor may receive up to a 40-year jail term. However, it increases to life imprisonment if the minor suffered bodily injury as a result of the act. Rape offenses also attract an extra ten years in addition to the maximum 20-year jail term for first-degree felonies.
The circumstances of the incident may also determine the court-imposed penalty. Case in point: offenders get extra sentencing if an animal was harmed or killed during a burglary.
| Pennsylvania First Degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| Rape | Up to life imprisonment or the death penalty | Up to $100,000 |
| Burglary | Up to 20 years | Up to $25,000. |
| Robbery | Up to 20 years | Up to $25,000. |
| Murder | Up to life imprisonment or the death penalty. | Not specified |
| Kidnapping | Up to 20 years | Up to $25,000. |
What is the Maximum Sentence for a First Degree Felony in Pennsylvania?
In Pennsylvania, the death penalty is the maximum penalty for a first-degree felony. Nevertheless, such penalties only apply to severe felony crimes that contain aggravating circumstances. For example, you may get the death penalty if convicted of first-degree murder or rape of a minor that resulted in bodily injury.
That being said, the maximum penalty for most felonies is 20 years. For instance, robbery convicts may receive up to 20 years, provided the incident did not lead to death or serious bodily injury.
What is First Degree Murder in Pennsylvania?
Under Section 2502 of the Pennsylvania Statutes, a person commits murder in the first degree when he intentionally or premeditatively kills another.
Note: the statutory first-degree felony penalties do not apply to first-degree murder crimes in Pennsylvania. Persons convicted of first-degree murder may receive the death penalty or life imprisonment. Note that incidents with aggravating circumstances may warrant the death penalty.
Public Access to First-Degree Felony Records in Pennsylvania
Public members may access most first-degree felony records via official resources maintained by government entities. These entities may offer online or offline access to documents in their custody. For instance, the Unified Judicial System of Pennsylvania provides online access to court records generated in local courts. Persons or entities seeking to access the records may first select a preferred search option and provide relevant information. Note that record searches are free on the platform.
At the local level, the Court of Common Pleas clerks’ offices are the primary custodians of first-degree felony cases. The court clerk may provide online or offline options via which the public can access records. Pennsylvania’s County Clerks of Courts may also act as official custodians of court records. For instance, Adams County Clerk of Courts allows mail-based requests via a fillable request form.
| Source | Access Type | Website/Location |
|---|---|---|
| Unified Judicial System of Pennsylvania | Online | https://ujsportal.pacourts.us/casesearch |
| Pennsylvania’s Court of Common Pleas | In person/mail | |
| Pennsylvania’s County Clerk of Courts | In person/mail | |
| Third-party search | Online (may charge) | Pennsylvaniacourtrecords.us |
Can First-Degree Felony Records Be Sealed or Expunged in Pennsylvania?
No. First-degree felonies punishable by 20 years or more are not eligible for sealing. The state statute also exempts first-degree crimes that contain elements of violence from sealing.
The state’s Clean Slate Law only allows the sealing of non-violent felonies like theft and trespassing. Felonies under this category are sealable 10 years after the offender completes the court sentence.
However, an offender may expunge first-degree felonies under these conditions:
- The arrest charges were dismissed.
- The offender is at least 70 years old and has not been arrested or prosecuted in the last ten years after completing a sentence.
- The offender has been dead for three years.
Note: Pennsylvania laws allow the sealing of criminal court records. Sealed records are inaccessible to the public but still remain open to authorized persons and entities. For instance, criminal justice agencies retain the right to view sealed documents in the course of performing their official duty.
Difference Between First-Degree and Second-Degree Felonies in Pennsylvania
First- and second-degree felonies are not the same in terms of severity and penalties. In Pennsylvania, a first-degree felony typically contains an element of premeditation or intent to cause harm to another. Such crimes attract heavy penalties that may exceed the statutory maximum of 20 years. For instance, first-degree murder convicts may get the death penalty or life imprisonment. Offenders may also be required to pay fines of up to $100,000 for specific first-degree felonies.
In contrast, second-degree felonies are relatively less severe. They are often characterized by recklessness and may lack the intent or premeditation typically associated with first-degree felonies. That being said, persons convicted of second-degree felonies may receive the statutory maximum limit of 10 years, along with fines up to $25,000.
| Felony Level | Common Crimes | Sentencing Range |
|---|---|---|
| First Degree | Murder, rape, burglary, arson, kidnapping, and aggravated assault. | 10–99 years / Life |
| Second Degree | Murder, rape, burglary, arson, kidnapping, and aggravated assault. | Up to 10 years. |
Statute of Limitations for First-Degree Felony Charges in Pennsylvania
The statute of limitations is the timeframe within which a prosecutor can file charges for criminal offenses. In Pennsylvania, the statute of limitations for first-degree felonies may vary depending on the severity of the crime and its impact on life and society. Extremely severe felonies like murder and vehicular homicide have no statute of limitations since they are of severe consequence to society. However, the statute of limitations for other first-degree felonies may vary between 5 and 12 years.
Note: Pennsylvania may suspend or toll the statute of limitations if the offender evades arrest or leaves the state.
Probation and Parole Eligibility for First-Degree Felonies in Pennsylvania
In Pennsylvania, first-degree felony offenders may become eligible for parole or probation. According to state law, an offender generally becomes eligible for parole if they have complied with all the conditions of their sentence and fulfilled all legal requirements. The conditions may include completing the minimum sentence. However, offenders are not eligible for parole if:
- They are serving time for their second or more convictions for crimes of violence. 42 Pa.C.S. § 9714.
- They are serving time for an offense that requires registering on the sex offender database.
Court judges may offer probation as an alternative to a prison sentence. Individuals on trial for severe first-degree felonies may not be eligible for probation due to the severity of the crime.
The probation comes with a set of instructions and conditions that must be completed before the court dismisses the case. Note that probation may have varying durations, which are often determined by the crime severity and the judge’s discretion.
| Term | Definition | Eligible for First-Degree Felony |
|---|---|---|
| Probation | Court-ordered supervision instead of prison | Sometimes, it depends on the crime. |
| Parole | Early supervised release from prison | Often, after serving the minimum sentence for the crime. |
Impact of a First-Degree Felony Conviction on Criminal Records in Pennsylvania
First-degree felonies are publicly visible and are often included in background checks conducted by employers, government agencies, and housing authorities. For this reason, persons with a first-degree felony conviction on their records may face discrimination, such as the following:
- Lower chances of employment: Individuals convicted of a first-degree felony may face difficulties in securing employment in security-sensitive institutions. For instance, financial or government institutions may refuse applications from convicted offenders, citing security reasons.
- Lower chances of getting housing in specific districts or neighborhoods. Pennsylvania laws restrict sex offenders from renting or buying properties in vulnerable communities or places near schools. Landlords also conduct background checks to determine if the offender is of no security risk to other occupants.
- Loss of specific civil rights: A convicted first-degree felony offender loses their right to vote during incarceration. The state may also withdraw its rights to own or bear firearms.
- Visa restrictions to specific countries: Some countries may deny visa applications from persons convicted of severe first-degree felonies. These countries consider them a huge security risk to their citizens.