What Is a Third-Degree Felony in Pennsylvania?

In Pennsylvania, crime classification does not use the degree terms in a broad way like other jurisdictions. The state maintains statutes that describe third-degree felony offenses and their corresponding sentencing limits, as outlined in 18 Pennsylvania Consolidated Statutes § 106. This means that felonies of the third degree, as defined in Pennsylvania, have specific ingredients and punishments according to the law. An example of such offense is theft by unlawful taking according to 18 Pennsylvania Consolidated Statutes § 3921(b) and aggravated assault (third degree) according to 18 Pennsylvania Consolidated Statutes § 2702(a)(3).

Felonies of the third degree in Pennsylvania are regarded and handled as serious crimes due to their being in the class of offenses with up to 7 years imprisonment and or fines of up to $15,000. These offenses are punished according to the specific provision for the crime, the nature of the offense, and the offender’s criminal record. While they are the least serious felonies in Pennsylvania, third-degree felony convictions have a similar effect on the offender’s criminal record. They generally remain on public records permanently and may result in loss of some civil rights and milestone obstacles, such as obtaining professional licenses, loans, housing, or a job. Third-degree felony offenders may also be entitled to alternative punishment, such as probation, if they meet the requirements.

Common Offenses That Fall Under Third-Degree Felony Charges

Third-degree felonies in Pennsylvania are lower-level felonies with significant penalties of up to 7 years' imprisonment and/or up to $15,000 fine according to 101 Pennsylvania Code § 15.66. Some types of crimes classified as third-degree felonies in Pennsylvania include:

• Theft by unlawful taking or disposition according to 18 Pennsylvania Consolidated Statutes § 3921. This offense is measured based on the nature or value of the stolen item. In situations where the value is above $2,000, or where the stolen item is an aircraft, motorboat, automobile, or motorcycle, the theft is handled as a third-degree felony.
• Aggravated hazing refers to when someone endangers another person or causes serious harm through hazing. This offense is classified as a third-degree felony under certain circumstances according to 18 Pennsylvania Consolidated Statutes § 2803.
• Institutional sexual assault, according to 18 Pennsylvania Consolidated Statutes § 3124.2. This offense refers to when someone working in an institutional setting, such as a school, juvenile detention, or correctional facility, engages in sexual intercourse, indecent contact, or deviant sexual intercourse with someone in their custody, supervision, or care.
• Promoting prostitution of a minor according to 18 Pennsylvania Consolidated Statutes § 5902. This offense refers to when someone knowingly promotes prostitution involving someone or persons who are minors.

Penalties and Sentencing for Third-Degree Felonies in Pennsylvania

While Pennsylvania does not have a general third-degree felony class of crimes, the state's law, according to 18 Pennsylvania Consolidated Statutes § 1103, provides that the maximum sentence for third-degree felonies is a maximum of 7 years imprisonment, while 101 Pennsylvania Code § 15.66 provides that the maximum fine allowed for a third-degree felony should not exceed $15,000. While this provides a general rule for sentencing, the actual sentences given vary based on the facts of the crime and its severity. Sentencing in Pennsylvania involves the judges considering the Offense Gravity Score and the offender’s Prior Record Score, which are used to determine a suitable sentencing range. Aggravated circumstances, such as serious injury or use of a weapon, may also upgrade the class of the offense or attract additional penalties.

For example, theft is punishable by up to 7 years imprisonment and/or a maximum of $15,000 fine, which depends on the value of the stolen property or if the offender used a weapon or caused serious harm in the process of the theft.

Will You Go to Jail for a Third-Degree Felony in Pennsylvania?

Yes, you may face jail time if convicted of a third-degree felony in Pennsylvania. However, this is not an absolute rule, as several factors determine if you will typically be put in prison. Third-degree felonies are serious offenses in Pennsylvania, carrying penalties of up to 7 years in prison, with the exact penalty depending on the nature of the offense and your criminal record. Thus, many non-violent or first-time offenders generally enjoy the judge’s discretion to impose parole, probation, or a reduced sentence in place of third-degree felony jail time. This discretion is guided by the Offender Gravity Score and the Prior Record Score.

Repeat offenders or individuals charged with severe crimes, such as aggravated assault under certain circumstances, are prone to the stricter and harsher side of the law. They are usually denied probation where the offender has a prior felony conviction or is seen as a public safety or flight risk. Thus, while imprisonment is imminent, it is not a general practice applied in all third-degree felony cases.

How Long Does a Third-Degree Felony Stay on Your Record?

In Pennsylvania, a third-degree felony conviction typically remains on your records indefinitely until you take steps to remove or seal it. After a conviction, your criminal record is updated, and the conviction typically cannot be removed automatically for any reason, even after you complete the sentence. Felonies are serious offenses, and the record is maintained to provide constant awareness for the public or anyone who checks your criminal profile. Felonies also attract serious penalties, which have long-term effects such as the limitation of certain civil rights. These records are made public and may be accessed through background checks, which are conducted for purposes of licensing, employment, firearm purchases, or volunteer opportunities.

Thus, a third-degree felony conviction carries the same effects as any other felony conviction, which could jeopardize your career opportunities, housing, access to financial aid, or firearm ownership rights. According to 18 Pennsylvania Consolidated Statutes § 9122, expungement of records is allowed in Pennsylvania, but is very limited for felony convictions. However, individuals who meet the specific eligibility requirements are allowed to apply to the court for the records to be sealed or expunged from all archives.

Can a Third-Degree Felony Be Sealed or Expunged in Pennsylvania?

Pennsylvania allows the expungement of arrests and convictions, but most third-degree felony convictions are not eligible for expungement. This is a process that typically completely erases the felony conviction from existence and is reserved for cases where there was no conviction according to 18 Pennsylvania Consolidated Statutes § 9122. This includes cases that were withdrawn, ended in acquittal, or were dismissed by the court. In some limited situations, expungement may be allowed when the individual has been deceased for over three years or when the individual is above 70 years old and has had no convictions in the past 10 years since completing their sentence. However, felonies are only eligible for expungement where the individual receives a governor’s pardon.

Records sealing is also permitted in Pennsylvania, as outlined in 18 Pennsylvania Consolidated Statutes § 9122.1, which describes it as limited access. This process does not completely erase the record, but removes it from public access and is permitted for certain non-violent or low-level offenses. After a record is sealed, it typically does not appear in any background checks, but courts, licensing agencies, and law enforcement may still view the record. Some non violent third degree felonies may be eligible for sealing under strict requirements, such as, the waiting period of 10 years after completing the sentence must be satisfied, all fines must be fully paid, the offense must not be punishable by more than 7 years imprisonment, and the applicant must not have been convicted of any crime within the 10 year waiting period.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

In Pennsylvania, the degree of the felony determines the seriousness of the crime and the corresponding penalty level. First-degree felonies are the most severe crimes, which usually result in the death of another person. Such crimes carry the highest penalties in the state, including a maximum sentence of 20 years in prison and/or a fine of up to $25,000. Such offenses include rape and kidnapping, which carry the same maximum sentence. Second-degree felonies are less severe and may involve less danger to human life. They include offenses like burglary of a non-residential structure and aggravated assault. Second-degree felonies carry penalties of up to 10 years' imprisonment and/or a maximum fine of $25,000.

Third-degree felonies in Pennsylvania are the lowest level of felony crimes, carrying the least severe sentences. These crimes involve non-violent acts with little to no harm, but are more serious than misdemeanors. The general punishment for third-degree felonies in Pennsylvania is a maximum of 7 years' imprisonment and/or a fine of up to $15,000. Examples of these offenses include theft by unlawful taking and forgery. While third-degree felonies do not involve significant harm or violence, they are still products of serious breaches of financial security, property security, and trust.

How to Look Up Third-Degree Felony Records in Pennsylvania

Pennsylvania records are publicly accessible, including those for third-degree felonies. Requesters can access a summary of convictions through law enforcement databases or complete case files through the courts. These agencies provide access to felony conviction records that are publicly accessible, excluding juvenile records and expunged records. The public can submit physical requests or mail records requests for background checks to the police, sheriff’s department, or the court. Third-degree felony records can also be accessed online through the judiciary’s Pennsylvania Judiciary Web Portal and the Pennsylvania Access to Criminal History websites. While the judiciary provides a free-to-use search platform, the state police’s PATCH website charges $22 per background check request.

Probation and Parole for Third-Degree Felony Offenders

Individuals convicted of a third-degree felony in Pennsylvania may be eligible for parole or probation. Their eligibility depends on their criminal history, their conduct before and after sentencing, and the nature or severity of the offense. Probation is an alternative to incarceration, where the offender is allowed to remain free but under court supervision. This may be applied to non-violent crimes and in situations where the offender has little to no prior criminal record. The court must also be satisfied that the offender may be rehabilitated without confinement.

Parole refers to when an offender is released after serving part of the prison sentence. Third-degree felony convicts may be eligible for parole if they have served the minimum sentence for their offence, they have maintained good conduct and participated in prison programs, and they have a plausible reentry plan outside prison, which includes housing and employment. Any offender considered a danger to the community typically is not eligible for parole. Subsequently, the offense must not be of a violent or sexual nature to restrict parole.