persons hands in handcuffs

Regardless of the type of crime or the severity of the offense, it can be scary and devastating to face criminal charges. If you have been arrested for criminal activity there are probably dozens of questions flying around inside your mind. In order to navigate the legal process smoothly and confidently it helps to understand the full scope of your charges and the potential consequences you will face. Some individuals may be sentenced to jail for a misdemeanor crime in Pennsylvania. For more information and to begin discussing the details of your case, reach out to a York County, PA misdemeanor criminal defense lawyer today.

What is a Misdemeanor?

In Pennsylvania, crimes are divided into three categories: felonies, misdemeanors, and summary offenses. Misdemeanors are not as serious as felonies but they are still considered criminal offenses and punished as such.

The three classifications for misdemeanors in PA are first-degree, second-degree, and third-degree, in descending order of severity. Some examples of first-degree misdemeanors include involuntary manslaughter and shoplifting merchandise worth $150 or more. Second-degree misdemeanors include simple assault and revenge porn. Third-degree misdemeanor examples can include cyber harassment of a minor and theft of property worth less than $50.

The consequences of a misdemeanor are generally less severe than that of a felony but if convicted you will still face various penalties.

Can I Face Jail Time for a Misdemeanor in Pennsylvania?

There are several possibilities of what punishments you can incur when facing misdemeanor charges in Pennsylvania. While the penalties you receive can vary, in general, you will face the following consequences relevant to the classification of the crime committed.

  • First-degree misdemeanor: 5 years in jail and fines of $10,000
  • Second-degree misdemeanor: 2 years in jail and fines of $5,000
  • Third-degree misdemeanor: 1 year in jail and fines of $2,500

It is not guaranteed that you will face jail time for a misdemeanor charge but it is a possibility. Some crimes even require mandatory minimum sentencing like driving under the influence.

How Do I Know if I Will Go to Jail?

Without knowing the details of the situation it is impossible to say whether or not you will be sentenced to jail for your misdemeanor charge. The following factors can contribute to sentencing and may impact whether or not you will face imprisonment.

  • Your criminal record will play a major part in this decision. Individuals with a prior criminal history tend to be more likely to be sentenced to jail, especially if their previous crime(s) were the same or similar to their current case.
  • Certain aggravating factors can increase the likelihood of jail time. If minors were involved, innocent people were hurt, or you lack remorse, it could contribute to sentencing.
  • The nature of the crime will play a role as well. Violent crimes are generally penalized more harshly than nonviolent crimes, for example.

Contact a skilled lawyer to represent you and advocate for your best interests during your misdemeanor charges.