Pennsylvania Felony and Misdemeanor Definitions

The Pennsylvania statutes provide definitions for the various classes of felonies and misdemeanors.  They are as follows:

(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. A crime is a felony of the first degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is more than ten years.

(3) Felony of the second degree. A crime is a felony of the second degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than ten years.

(4) Felony of the third degree. A crime is a felony of the third degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than seven years. A crime declared to be a felony, without specification of degree, is of the third degree.

(5) Misdemeanor of the first degree. A crime is a misdemeanor of the first degree if it is so designated or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than five years.

(6) Misdemeanor of the second degree. A crime is a misdemeanor of the second degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than two years.

(7) Misdemeanor of the third degree. A crime is a misdemeanor of the third degree if it is so designated in this title or if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than one year. A crime declared to be a misdemeanor, without specification of degree, is of the third degree.

(8) Summary offenses. An offense defined by this title constitutes a summary offense if: (a) it is so designated; or (b) if a person convicted thereof may be sentenced to a term of imprisonment, the maximum of which is not more than 90 days.