Pennsylvania Criminal Defense Guide — Charges & Process
Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Pennsylvania.
A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.
How Pennsylvania classifies criminal offenses §18-1103
Pennsylvania divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.
Felony classifications
- Class 1st degree felony: 0–20 years, up to $25,000 fine - Class 2nd degree felony: 0–10 years, up to $25,000 fine - Class 3rd degree felony: 0–7 years, up to $15,000 fine - Class Murder (1st/2nd degree) felony: varies to life
Misdemeanor classifications §18-1104
- Class 1st degree misdemeanor: up to 60 months, $10,000 fine - Class 2nd degree misdemeanor: up to 24 months, $5,000 fine - Class 3rd degree misdemeanor: up to 12 months, $2,500 fine
Felony vs. Misdemeanor comparison
| Misdemeanor | Felony | |
|---|---|---|
| Severity | Less serious offenses | More serious offenses |
| Incarceration | County jail (up to 1 year) §18-1104 | State prison (1 year or more) §18-1103 |
| Examples | Simple assault, petty theft, disorderly conduct | Aggravated assault, robbery, drug trafficking |
| Jury trial | 12-member jury | 12-member jury |
| Voting rights | Retained | Lost until restored |
| Firearm rights | Retained | Permanently prohibited §18 U.S.C. § 922 |
| Employment impact | Moderate — visible on background checks | Severe — bars certain professions |
| Expungement | More offenses eligible §18-9122 et seq. | Fewer offenses eligible §18-9122 et seq. |
The criminal process: arrest through resolution
Your rights in a criminal case
Every person accused of a crime in Pennsylvania has constitutional protections:
- Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
- Right to an attorney — If you cannot afford one, one will be appointed §Pa. R. Crim. P. 122. Pennsylvania has a county-based indigent defense system. Each county provides defense through public defender offices (established in all counties of a certain size under 16 Pa.C.S. § 9960.1 et seq.) or assigned counsel. The Pennsylvania Commission on Crime and Delinquency (PCCD) provides some oversight.
- Right to a speedy trial — Pennsylvania provides a specific speedy trial deadline: 365 days §Pa. R. Crim. P. 600. Pa. R. Crim. P. 600 requires trial to commence within 365 days of the filing of the complaint. Periods of delay attributable to the defendant are excluded. If the Commonwealth fails to bring the defendant to trial within the rule's limits, the court must dismiss the charges with prejudice.
- Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
- Right to confront witnesses — You may cross-examine every witness the state calls against you
After a conviction: what comes next
Probation in Pennsylvania: Up to the maximum term of confinement for the offense, which varies by the offense's grade (misdemeanor or felony degree) §42 Pa.C.S. § 9754 et seq..
Clearing your record
Pennsylvania does allow certain criminal records to be sealed or expunged §18-9122 et seq.. Waiting periods: Immediate for acquittals/nolle prosequi; 5 years from conviction for summary offense expungement if no arrests for 5 years; 70 years of age (certain convictions); petition-based for eligible misdemeanors under Clean Slate Act. Pennsylvania Clean Slate Act (2018 and 2019 expansion) provides automatic sealing of certain misdemeanors and summary offenses after 10 years crime-free. Courts may grant limited access to sealed records for law enforcement. Felony conviction expungement is very limited. Mandatory sealing for qualifying second-degree misdemeanors and lower after 10 years without re-offense.
Common offense categories
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
If you have a deadline, court notice, or upcoming hearing, mention it when requesting assistance so timing can be evaluated promptly.
- Class 1st degree: 0–20 years
- Class 2nd degree: 0–10 years
- Class 3rd degree: 0–7 years