Northeastern Pennsylvania Criminal Defense Attorneys

Criminal Charges in Pennsylvania: What You Should Know

In Pennsylvania, there are two types of charges:

• A misdemeanor is a non-violent offense, such as drug possession or drunk driving. A misdemeanor charge can result in various penalties. These penalties range from a simple fine or probation to a more restrictive sentence such as home confinement or incarceration.
• Felony charges are a more serious crime with a heftier punishment — anywhere from seven to 20 years in prison. Usually, in violent crimes such as manslaughter, homicide, or rape, felony charges often apply to repeat offenses of the same type of crime.

Pennsylvania breaks down the severity of each crime into one of three classifications: first, second, and third-degree.

• First-degree crimes in either a misdemeanor or felony charge are the most severe for that crime.
• Second-degree crimes are less severe charges than crimes of the first-degree but still have long prison terms or large fines.
• Third-degree crimes are the least severe but still have penalties.

For example, manslaughter charges of the first degree are felonies that could see you face up to 20 years in prison, plus various fines. However, shoplifting charges may only face a third-degree misdemeanor, which could result in a fine.

The Accelerated Rehabilitation Disposition Program

If you are a first-time offender, you may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. Under the terms of the ARD program, participants who complete the program’s requirements have their charges dismissed and such charges permanently removed from their criminal record.

It’s important to note that having no prior criminal convictions doesn’t guarantee your eligibility for the ARD program. It all depends on the following:

• The strength of Pennsylvania’s case against you and the weakness of your own
• The circumstances surrounding your violation
• Your prior record

It’s important to speak with an experienced criminal defense attorney in Pennsylvania to learn what your options are.

FAQs about Criminal Defense Attorneys in Scranton

1. What Crimes Fall Under Criminal Law?

By definition, criminal law is a complex system that establishes criminal acts, outlines punishments, and sets guidelines for the investigation, arrest, and conviction of alleged criminals. Crimes are usually classified by severity. Typically, they fall under the following categories.

• Felonies: Felonies involve offenses that can result in serious physical harm (murder, assault with a deadly weapon, sexual violence) or societal harm (mortgage fraud, corruption). Felonies are punishable by more than one year of prison time.
• Misdemeanors: Considered less serious than felonies, misdemeanors can leave you facing up to a year in jail. However, repeat misdemeanors occurring within a certain timeframe or area can be classified as a felony. Examples of misdemeanors include vandalism, petty theft, and rash driving.
• Infractions: Minor offenses like traffic violations are infractions. Infractions are technically not crimes, because they can only result in fines and no imprisonment.