Pennsylvania Felony and Misdemeanor Degrees: Sentences and Fines

Pennsylvania divides crimes into murder, three degrees of felony and three degrees of misdemeanor, and puts summary offenses below them (18 Pa.C.S. 106(a), (c)). Unless the offense statute names the grade, the maximum term decides it: a crime punishable by more than 10 years is a first-degree felony, and the lines then fall at 10, 7, 5, 2 and 1 years, so an offense punishable by more than 5 years is a felony (18 Pa.C.S. 106(b)). The maximum sentences are set in 18 Pa.C.S. 1103 to 1105 and the fine ceilings in 18 Pa.C.S. 1101.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers how Pennsylvania's Crimes Code (Title 18) classifies offenses and the general sentencing, fine and probation sections that attach to each grade (18 Pa.C.S. 106 and 1101 to 1105; 42 Pa.C.S. 2154, 9714, 9715, 9718.2, 9718.5, 9721, 9754, 9756, 9771, 9771.1 and 9774.1). It does not cover how individual offenses are graded (see the Pennsylvania theft laws and Pennsylvania assault laws pages), time limits for prosecution, record clearing, Vehicle Code violations, local ordinances or federal offenses. For every state side by side, see felony and misdemeanor classes by state.

Felony vs misdemeanor in Pennsylvania

Pennsylvania's classification section opens with the definition of a crime and its classes. 18 Pa.C.S. 106(a) provides:

"An offense defined by this title for which a sentence of death or of imprisonment is authorized constitutes a crime. The classes of crime are: (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. (3) Felony of the second degree. (4) Felony of the third degree. (5) Misdemeanor of the first degree. (6) Misdemeanor of the second degree. (7) Misdemeanor of the third degree."

Most offense statutes in Title 18 state the grade directly ("a felony of the second degree"). Where they do not, 18 Pa.C.S. 106(b) assigns the grade from the maximum term a person "may be sentenced to":

Each step in section 106(b) applies "if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment" within that maximum, so a grade written into the offense statute controls.

Pennsylvania has no letter classes. Its grades are degrees (first, second and third), and the misdemeanor grades reach higher than the word suggests: a first-degree misdemeanor allows up to 5 years (18 Pa.C.S. 1104(1)).

Pennsylvania felony and misdemeanor sentences and fines

The table gives the statutory maximum for each grade. These are ceilings. The felony maximums in 18 Pa.C.S. 1103 apply "Except as provided in 42 Pa.C.S. § 9714 (relating to sentences for second and subsequent offenses)," and 18 Pa.C.S. 1101 lets a court exceed the listed fine by "Any higher amount equal to double the pecuniary gain derived from the offense by the offender" or impose "Any higher or lower amount specifically authorized by statute."

These are the ranges for the grade itself. Some offense statutes set a higher maximum "notwithstanding section 1103": for example, attempt, solicitation or conspiracy to commit murder where serious bodily injury results carries up to 40 years (18 Pa.C.S. 1102(c)), rape of a child carries up to 40 years, or up to life where serious bodily injury results (18 Pa.C.S. 3121(e)), and assault of a law enforcement officer by discharging a firearm carries up to 40 years (18 Pa.C.S. 2702.1(b)). The repeat-offender statutes described below (42 Pa.C.S. 9714, 9715 and 9718.2) can also raise them.

Every fine in the table is subject to the double-the-gain and other-statute exceptions in 18 Pa.C.S. 1101(8) and (9). The murder fine applies to a conviction "of murder or attempted murder" (18 Pa.C.S. 1101(1)).

The felony section, 18 Pa.C.S. 1103, says the term "shall be fixed by the court at not more than" 20, 10 or 7 years. The misdemeanor section, 18 Pa.C.S. 1104, provides that a person "may be sentenced to imprisonment for a definite term which shall be fixed by the court and shall be not more than" 5, 2 or 1 year. For third-degree murder, 18 Pa.C.S. 1102(d) applies "Notwithstanding section 1103," with a term fixed "at not more than 40 years." First-degree murder is sentenced to death or life imprisonment "in accordance with 42 Pa.C.S. § 9711," and the Pennsylvania life sentence page explains what a life term means there.

Second-degree murder carries life imprisonment under 18 Pa.C.S. 1102(b). In Commonwealth v. Lee (Pa. March 26, 2026), the Pennsylvania Supreme Court held that "a mandatory life without parole sentence for all felony murder convictions, absent an assessment of culpability," violates Article I, Section 13 of the Pennsylvania Constitution. On resentencing, the court must decide, after considering individual culpability, between life without parole and "a maximum sentence of life imprisonment, as required by 18 Pa.C.S. 1102(b), accompanied by a minimum sentence determined by the court." The Supreme Court stayed its mandate for 120 days to give the General Assembly time to consider remedial measures, and it declined to address retroactivity.

How a Pennsylvania sentence is actually set

The grade sets the outer limit. Within it, three rules in Title 42 shape the sentence a court imposes.

Sentencing guidelines are considered, not binding

The Pennsylvania Commission on Sentencing adopts guidelines "which shall be considered by the sentencing court in determining the appropriate sentence for defendants who plead guilty or nolo contendere to, or who were found guilty of, felonies and misdemeanors" (42 Pa.C.S. 2154(a)). Under 42 Pa.C.S. 9721(b), when a court imposes a sentence outside the guidelines, it "shall provide a contemporaneous written statement of the reason or reasons for the deviation from the guidelines to the commission." The guidelines are published by the Pennsylvania Commission on Sentencing.

Minimum and maximum terms

A Pennsylvania prison sentence generally has two numbers. Under 42 Pa.C.S. 9756(b)(1), "The court shall impose a minimum sentence of confinement which shall not exceed one-half of the maximum sentence imposed."

Repeat offenders

42 Pa.C.S. 9714 overrides the ordinary felony maximums for repeat violent offenders. A person convicted of a crime of violence who had a prior crime-of-violence conviction "shall... be sentenced to a minimum sentence of at least ten years of total confinement," and a person with two or more such prior convictions "arising from separate criminal transactions" faces "a minimum sentence of at least 25 years of total confinement" (42 Pa.C.S. 9714(a)(1)-(2)). The maximum is then "equal to twice the mandatory minimum sentence" (42 Pa.C.S. 9714(a.1)). On a third or subsequent crime of violence, the court may impose life imprisonment without parole if it "determines that 25 years of total confinement is insufficient to protect the public safety" (42 Pa.C.S. 9714(a)(2)), and a court may not impose a lesser sentence, probation or a suspended sentence on an offender this section applies to (42 Pa.C.S. 9714(e)).

Two other repeat-offender statutes work the same way. A person convicted of third-degree murder who has previously been convicted of murder or voluntary manslaughter "shall be sentenced to life imprisonment" (42 Pa.C.S. 9715(a)). A person convicted of a sexual offense listed in 42 Pa.C.S. 9799.14 who has a prior such conviction faces a minimum of at least 25 years of total confinement, or life imprisonment with two or more prior convictions from separate criminal transactions (42 Pa.C.S. 9718.2(a)). Both statutes bar probation and suspended sentences (42 Pa.C.S. 9715(c), 9718.2(d)).

Offenses with no stated grade

Pennsylvania fills gaps with default grades in 18 Pa.C.S. 106:

• "A crime declared to be a felony, without specification of degree, is of the third degree" (18 Pa.C.S. 106(b)(5)).
• "A crime declared to be a misdemeanor, without specification of degree, is of the third degree" (18 Pa.C.S. 106(b)(9)).
• "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" (18 Pa.C.S. 106(d)).
• Offenses in statutes outside Title 18 are graded the same way: "An offense hereafter defined by any statute other than this title shall be classified as provided in this section" (18 Pa.C.S. 106(e)).

Can a felony be reduced to a misdemeanor in Pennsylvania?

Pennsylvania's general classification and sentencing sections (18 Pa.C.S. 106 and 1101 to 1105, and 42 Pa.C.S. 9721, 9754, 9756 and 9771) contain no provision letting a court treat a felony conviction as a misdemeanor, the mechanism other states call a "wobbler." The grade of an offense comes from the offense statute or from section 106. Many offense statutes set different grades depending on the facts, such as the value of property taken or the injury caused; the Pennsylvania theft laws page shows how theft grades rise with value.

Summary offenses

A summary offense is the lowest tier. Under 18 Pa.C.S. 106(c), an offense is a summary offense if "it is so designated in this title, or in a statute other than this title" or if "a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 90 days."

Summary offenses are defined separately from the classes of crime listed in 18 Pa.C.S. 106(a). They still carry jail: "A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days" (18 Pa.C.S. 1105). The fine ceiling is $300 "when the conviction is of a summary offense for which no higher fine is established" (18 Pa.C.S. 1101(7)).

How long is probation in Pennsylvania?

Pennsylvania does not set a fixed number of years for probation in its general rule. 42 Pa.C.S. 9754(a) requires the court to specify the length of supervision at sentencing, a term that "may not exceed the maximum term for which the defendant could be confined." Read with the grade maximums, that means a probation term for a third-degree felony may not run longer than 7 years, and one for a second-degree misdemeanor may not run longer than 2 years. The court "shall consider probation guidelines adopted by the Pennsylvania Commission on Sentencing" (42 Pa.C.S. 9754(a)).

There are exceptions. A person convicted of a Tier III sexual offense under 42 Pa.C.S. 9799.14(d) must receive a mandatory 3-year probation term, which the court may impose in addition to the maximum sentence permitted for the offense (42 Pa.C.S. 9718.5(a), (b)). Where a mandatory minimum sentence is provided by law, the ordinary sentencing alternatives, including probation, do not apply unless section 9763 authorizes it (42 Pa.C.S. 9721(a.1)(1)), and the repeat-offender statutes bar probation expressly (42 Pa.C.S. 9714(e), 9715(c), 9718.2(d)).

Probation review conferences (Act 44 of 2023)

Act 44 of 2023 (P.L.381, No.44, approved December 14, 2023, effective in 180 days) added 42 Pa.C.S. 9774.1, which sets when a person on probation becomes eligible for an initial probation review conference. "Except as otherwise provided in this section":

• For a misdemeanor, "after completing two years of probation or 50% of the probation sentence, whichever is sooner" (42 Pa.C.S. 9774.1(b)(1)).
• For a felony, "after completing four years of probation or 50% of the probation sentence, whichever is sooner" (42 Pa.C.S. 9774.1(b)(2)).
• In every case, a defendant "shall not be eligible to receive an initial probation review conference less than 12 months from the original date of sentencing" (42 Pa.C.S. 9774.1(b)(5)).

The review conference does not apply at all if the probation was imposed for a criminal homicide offense, a crime of violence, a registrable sexual offense, simple assault against a family or household member, or stalking (42 Pa.C.S. 9774.1(i)).

A review conference is a scheduled review, not a cap on the probation term; the term itself remains limited by section 9754(a).

What happens after a probation violation in Pennsylvania?

Under 42 Pa.C.S. 9771(b), "The court may increase the conditions, impose a brief sanction under section 9771.1 (relating to court-imposed sanctions for violating probation) or revoke an order of probation upon proof of the violation of specified conditions of the probation." Subject to subsections (b.1) and (c), on revocation "the sentencing alternatives available to the court shall be the same as were available at the time of initial sentencing, due consideration being given to the time spent serving the order of probation."

A hearing comes first: "There shall be no revocation or increase of conditions of sentence under this section except after a hearing at which the court shall consider the record of the sentencing proceeding together with evidence of the conduct of the defendant while on probation" (42 Pa.C.S. 9771(d)).

Technical violations

Subsection (c) begins: "There is a presumption against total confinement for technical violations of probation." It allows total confinement on revocation only if the defendant has been convicted of another crime, if the court finds by clear and convincing evidence a technical violation "that involves an identifiable threat to public safety" where the defendant "cannot be safely diverted from total confinement through less restrictive means," or if the court finds by a preponderance of the evidence a technical violation that falls into a listed category, such as one that "was sexual in nature" or "involved assaultive behavior" (42 Pa.C.S. 9771(c)(1)). Where subsection (c)(2) applies, it limits confinement to "a maximum period of 14 days" for a first technical violation and "a maximum period of 30 days" for a second; for a third or subsequent technical violation, "the court may impose any sentencing alternatives available at the time of initial sentencing" (42 Pa.C.S. 9771(c)(2)). Those limits do not apply to a reasonable added term, not to exceed 30 days, needed for the defendant to be evaluated for or take part in a court-ordered drug, alcohol or mental health treatment program or a treatment court (42 Pa.C.S. 9771(c)(2)(iv)).

Brief-sanction programs

Separately, 42 Pa.C.S. 9771.1 allows a court of common pleas to establish "a program to impose swift, predictable and brief sanctions on persons who violate their probation." In a judicial district with such a program, the court imposes imprisonment of up to 3 days for a first violation, 7 days for a second, 14 days for a third and 21 days for a fourth or subsequent violation (42 Pa.C.S. 9771.1(g)(1)), unless the court's local rules set different terms (42 Pa.C.S. 9771.1(j)(2)).

Recent changes

The classification and maximum-sentence sections were last amended in the 1990s: 18 Pa.C.S. 106 in 1997, and the fine and felony sections, 1101 and 1103, in 1995. The recent changes are in probation and sentencing procedure:

• Act 44 of 2023 (P.L.381, No.44, approved December 14, 2023, effective in 180 days) amended 42 Pa.C.S. 9754 and 9771, including subsection (c) of 9771, which now contains the presumption against total confinement for technical violations and the 14-day and 30-day limits, and added the probation review conference in 42 Pa.C.S. 9774.1.
• Act 38 of 2025 (P.L.127, No.38, approved July 21, 2025, effective in 90 days) amended 42 Pa.C.S. 9771(c)(2)(iv)(B), part of the treatment exception to the technical-violation limits.
• Act 58 of 2025 (P.L.363, No.58, approved December 22, 2025, effective immediately) added 42 Pa.C.S. 9756(c.2), which lets a court impose a determinate sentence for a Vehicle Code violation graded as a summary offense where the maximum total confinement is 90 days or less.
• Commonwealth v. Lee (Pa. March 26, 2026) held mandatory life without parole for every second-degree (felony) murder conviction unconstitutional under the Pennsylvania Constitution, as described above.

Related legal issues in Pennsylvania

The grade of a particular offense comes from its own statute. The Pennsylvania theft laws page explains how theft is graded into these degrees, and the Pennsylvania assault laws page covers simple and aggravated assault. For clearing an old record, see Pennsylvania expungement laws. For the time limits on bringing charges, see the Pennsylvania statute of limitations.

Federal firearm rule and Pennsylvania misdemeanors

Federal law, 18 U.S.C. 922(g)(1), makes it unlawful for a person "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or ammunition in or affecting commerce. The federal definition in 18 U.S.C. 921(a)(20)(B) excludes "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." By the text of that exclusion, a Pennsylvania second- or third-degree misdemeanor (up to 2 years or 1 year) falls inside it, while a first-degree misdemeanor, punishable by up to 5 years, does not. Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The federal classes are covered on the felony and misdemeanor classes hub.

Related

• Felony and misdemeanor classes by state
• Pennsylvania theft laws
• Pennsylvania assault and battery laws
• Pennsylvania expungement laws
• New Jersey crime degrees and sentences
• Delaware felony and misdemeanor classes

This article provides general legal information about Pennsylvania offense grades and sentencing statutes, current as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Pennsylvania.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Pennsylvania?

Unless the offense statute names the grade, the maximum term decides it: an offense punishable by more than 5 years is a felony, and one punishable by 5 years or less (but more than 90 days) is a misdemeanor (18 Pa.C.S. 106(b)). For the grade itself, felonies carry up to 20, 10 or 7 years by degree and misdemeanors up to 5, 2 or 1 year (18 Pa.C.S. 1103, 1104); some offense statutes and the repeat-offender rules set higher terms.

Does Pennsylvania use Class A, B and C felonies?

No. Pennsylvania grades felonies and misdemeanors by degree: first, second and third (18 Pa.C.S. 106(a)). A felony with no stated degree is a third-degree felony, and a misdemeanor with no stated degree is a third-degree misdemeanor (18 Pa.C.S. 106(b)(5), (b)(9)).

What is a first-degree misdemeanor (M1) in Pennsylvania?

It is the highest misdemeanor grade, punishable by a definite term of up to 5 years (18 Pa.C.S. 1104(1)) and a fine of up to $10,000, unless double the gain or another statute authorizes a different amount (18 Pa.C.S. 1101).

How much time is a third-degree felony in Pennsylvania?

Up to 7 years, fixed by the court (18 Pa.C.S. 1103(3)), except as provided for repeat offenders under 42 Pa.C.S. 9714, 9715 and 9718.2 and for offenses whose own statute sets a higher maximum. The fine ceiling is $15,000, or double the gain, or another amount a statute authorizes (18 Pa.C.S. 1101).

Is a summary offense a crime in Pennsylvania?

The code defines summary offenses separately from the classes of crime listed in 18 Pa.C.S. 106(a), which are murder, felonies and misdemeanors (18 Pa.C.S. 106(c)). A summary offense can still carry up to 90 days of imprisonment and a fine of up to $300 where no higher fine is set (18 Pa.C.S. 1105, 1101(7)).

Does Pennsylvania have wobblers?

The general classification and sentencing sections (18 Pa.C.S. 106 and 1101 to 1105; 42 Pa.C.S. 9721, 9754, 9756 and 9771) contain no provision letting a court reclassify a felony as a misdemeanor. The grade comes from the offense statute or from section 106.

How long can probation last in Pennsylvania?

Under 42 Pa.C.S. 9754(a), a probation term may not exceed the maximum term for which the defendant could be confined for the offense. Under 42 Pa.C.S. 9774.1(b), a person on probation becomes eligible for a probation review conference after 2 years (misdemeanor) or 4 years (felony) or 50% of the term, whichever is sooner, but never less than 12 months after sentencing. The review conference is not available for homicide, crimes of violence, registrable sexual offenses, simple assault on a family or household member, or stalking (42 Pa.C.S. 9774.1(i)), and a Tier III sexual offense carries a mandatory 3-year probation term that may run beyond the maximum (42 Pa.C.S. 9718.5).

What happens if you violate probation in Pennsylvania?

After a hearing, the court may increase the conditions, impose a brief sanction or revoke probation and resentence using any alternative available at the original sentencing (42 Pa.C.S. 9771(b), (d)). There is a presumption against total confinement for technical violations, and the statute limits when and for how long confinement may be imposed for them, with an exception for treatment programs (42 Pa.C.S. 9771(c)).