What is the difference between a misdemeanor and felony charge in Philadelphia?

What’s the Difference Between Misdemeanors and Felonies in Philadelphia?

If you’ve been charged with a crime in Philadelphia, one of the first things you’ll want to know is whether it’s a misdemeanor or a felony. The distinction is important, because it determines how seriously the court system takes the offense and how severe the potential penalties are. This article will break down the key differences between misdemeanors and felonies in Philadelphia so you understand what you’re facing.

Misdemeanors – Less Serious Crimes

A misdemeanor is generally considered a less serious crime in Philadelphia. The maximum jail sentence for a misdemeanor conviction is 5 years. Fines can also be imposed up to $10,000 for the most serious misdemeanors. Here are some key things to know:

• Misdemeanors are divided into 3 degrees, with 1st degree being the most serious. 2nd and 3rd degree misdemeanors have less severe maximum penalties.
• Examples of common misdemeanors are minor assault, retail theft, vandalism, trespass, disorderly conduct, minor drug possession offenses, and driving on a suspended license.
• First time DUIs are usually charged as misdemeanors unless there are aggravating factors like causing an accident.
• While less serious than felonies, misdemeanor convictions can still carry jail time, fines, probation, and collateral consequences. Don’t take them lightly.

Felonies – The Most Serious Crimes

Felonies are considered the most serious classification of crimes under Pennsylvania law. They carry longer jail sentences, larger fines, and more severe consequences than misdemeanors. Here’s what you need to know:

• Felony jail sentences can extend to 10-20 years for first degree felonies. Fines can be up to $25,000.
• Violent crimes like murder, rape, robbery, and aggravated assault are felonies. Major property crimes like burglary and arson are also felonies.
• Drug trafficking, firearms offenses, sex crimes, fraud, and high value theft over $2000 are common felony charges.
• As with misdemeanors, felonies are divided by degrees, with first degree felonies subject to the harshest penalties.
• All felony convictions result in a permanent criminal record visible to employers, landlords etc. through background checks.

How Crimes Get Classified

The district attorney has discretion in filing charges, but generally follows these guidelines on whether to charge a misdemeanor or felony:

• The nature of the criminal act – violent crimes become felonies. Minor, non-violent crimes tend to be misdemeanors.
• Your criminal history – repeat offenders often face felony charges.
• State sentencing guidelines – the code sets penalty ranges based on the crime.
• Aggravating factors – offenses causing substantial harm or with other aggravating factors often become felonies.

For example, a bar fight resulting in minor injuries could be a misdemeanor simple assault. But if serious injuries occur, it may be charged as the more serious felony aggravated assault. Prosecutors tend to “throw the book” at repeat offenders by charging felonies.

Sentencing Differences

The classification of your charges as misdemeanors versus felonies has a big impact when it comes to sentencing if you are convicted. Here are some of the key differences:

• Felonies carry lengthier jail sentences – from years to decades in prison for the most serious violent crimes like murder, rape and robbery. Jail time for misdemeanors is limited to under 5 years.
• Fines in felony cases can go up to $25,000, much higher than for misdemeanors. Restitution to victims may also be ordered.
• Felony convictions usually result in lengthy probationary sentences after release from prison. Violation of probation can result in going back to jail.
• Certain rights like voting rights, gun ownership rights, and eligibility for government benefits may be suspended for felony convictions.

These differences make the distinction between misdemeanor and felony very high stakes when it comes to the impact on your life. The classification also affects available plea bargain options, with felonies giving prosecutors much more leverage in negotiating pleas.

Getting Legal Help

If you’re facing criminal charges, the most important thing you can do is exercise your right to get advice from an experienced Philadelphia criminal defense lawyer. An attorney can review the charges against you and the evidence and explain whether you’re facing a potential misdemeanor or felony conviction – and what defenses might apply to fight the charges.

The lawyer can also advise you on plea bargains that may be available to get misdemeanor charges instead of felonies to reduce penalties. They will understand the complex sentencing guidelines and can negotiate firmly with prosecutors on your behalf. Don’t go it alone against felony charges – an experienced lawyer can make all the difference.

Most importantly, never talk to police if questioned about an offense before consulting with counsel. Anything you say may be used against you later. Let your lawyer handle communication with law enforcement.

Facing criminal charges is scary, but understanding the difference between potential misdemeanor and felony convictions can help you make informed choices. Be proactive in exercising your rights. Now is the time to consult with an attorney so they can start working on your defense right away.