Key Differences Between a Felony and a Misdemeanor
In Pennsylvania, the main difference between a felony and a misdemeanor is the severity of the offense and the punishment it carries. Felonies are more serious crimes. They have the possibility of at least one year in prison (and sometimes far more) for a conviction. In contrast, misdemeanors involve less severe conduct.
Still, misdemeanors are by no means minor issues. They can still land a person behind bars. Our criminal defense lawyer understands the key differences between felony charges and misdemeanor charges and can provide skilled representation.
Four Differences Between a Felony and a Misdemeanor in Pennsylvania
1. The Severity of the Offense (Felonies are More Serious)
In Pennsylvania, felonies are the most serious category of criminal offense. Some of the most common examples include aggravated assault, burglary, drug trafficking, rape, and homicide. Misdemeanors are less severe and include offenses like simple assault, DUI (first offense), and theft of low-value property. Felonies are classified as first, second, or third degree under 18 Pa.C.S. § 106(a). Misdemeanors also follow a three-tier classification. The degree of the offense determines the sentencing range and reflects the seriousness of the underlying conduct.
2. The Maximum Penalties that Can Be Imposed for a Conviction
The potential penalties for felonies in Pennsylvania are significantly more severe than they are for misdemeanors. A first-degree felony carries up to 20 years in prison and a $25,000 fine. By contrast, a first-degree misdemeanor has a maximum penalty of five years in prison and a $10,000 fine under 18 Pa.C.S. § 1101–1104. To be clear, penalties impact not just incarceration time but also probation conditions, restitution obligations, and long-term consequences.
3. The Impact On Your Civil Rights and Future Opportunities
Felony convictions in Pennsylvania often result in a loss of civil rights, including the right to vote during incarceration, the right to possess firearms under federal and state law, and disqualification from public office or professional licensure. Misdemeanor convictions may also carry collateral consequences, but typically with less severe restrictions.
Felony records are more difficult to expunge or seal, affecting employment, housing, and educational opportunities long after the sentence ends. These long-term impacts are a significant consideration. You should not plead guilty to a criminal charge without first speaking to a Bethlehem criminal defense lawyer. That is especially important if you are facing a felony criminal charge.
4. The Ability to Get an Expungement
Under Pennsylvania’s Clean Slate and expungement laws, misdemeanors and felonies are treated differently regarding eligibility to clear criminal records. It is difficult to expunge felony criminal charges. In contrast, there are significantly more options available for sealing criminal records for misdemeanor offenses.
Contact Our Bethlehem Criminal Defense Attorney Today
Our dedicated criminal defense attorney provides justice-focused advocacy. If you were arrested for a felony or a misdemeanor, we are more than ready to help. Contact us today to arrange your fully confidential, no-obligation initial consultation. From our Bethlehem law office, we defend criminal charges throughout the region in Pennsylvania.