Pennsylvania Felony: Laws, Penalties, Sentencing, and Records

In Pennsylvania, a felony is a serious offense that carries a sentence of more than a year in state prison. According to Pennsylvania law, felonies are the most serious type of offense and are punishable by lengthy jail sentences, hefty fines, rights restrictions, and permanent criminal records. In addition to unclassified felonies like murder that have special punishments, Pennsylvania separates felonies into three degrees: first-degree, second-degree, and third-degree felonies.

What Is Considered a Felony in Pennsylvania?

The Pennsylvania Consolidated Statutes (Title 18: Crimes and Offenses) define felonies in Pennsylvania. Typical felonies in Pennsylvania include:

• Violent Crimes: These are grave offenses that usually include injury to another individual, like murder, manslaughter, rape, aggravated assault, robbery, and kidnapping.
• Drug Crimes: These include trafficking, manufacturing, and possession with intent to deliver controlled substances.
• Property Crimes: Property crimes include burglary, arson, auto theft, and theft of property worth $2,000 or more.
• White-Collar Crimes: These may include fraud, embezzlement, securities violations, forgery, and identity theft.
• Weapons Offenses: These include armed criminal activity, illegal firearm sales, and possession of a firearm.

Certain misdemeanors escalate into felonies. For example:

• Theft becomes a felony if the property value exceeds $2,000.
• Simple assault becomes aggravated assault (felony) if it involves a deadly weapon or causes serious bodily injury.

What Is a Felony in Pennsylvania?

According to Pennsylvania law, a felony is any offense carrying a sentence of more than a year in state prison. On the other hand, misdemeanors are punishable by up to five years in county jail.

Consequences of a felony conviction in Pennsylvania include:

• Prison sentences ranging from 7 years to life or death.
• Fines up to $50,000, depending on the degree.
• Loss of rights, including firearm ownership, voting while incarcerated, and eligibility for professional licensing.
• Permanent criminal record, which affects employment, housing, and immigration.

Felony Classes and Penalties in Pennsylvania

Pennsylvania divides felonies into three degrees, plus unclassified felonies like murder.

Pennsylvania Felony Degrees

• Unclassified Felonies
  • Unclassified felonies include murder (first, second, and third degree).
  • Penalty: First-degree murder carries life imprisonment or the death penalty.
• First-Degree Felony (F1)
  • These include rape, kidnapping, aggravated assault with serious injury, and armed robbery.
  • Penalty: Such crimes can attract up to 20 years in prison.
  • Fine: Individuals convicted of such crimes can face up to $25,000.
• Second-Degree Felony (F2)
  • These felonies include burglary of a building, sexual assault, mid-level drug trafficking, and theft of $100,000 or more.
  • Penalty: Such crimes can lead to 10 years in prison.
  • Fine: Convicted individuals may also have to pay up to $25,000 in fines.
• Third-Degree Felony (F3)
  • F3 crimes include lower-level drug distribution, fraud, firearm possession by felons, and theft of $2,000 to $100,000.
  • Penalty: Convicts for such crimes are looking at 7 years in prison.
  • Fine: Such convicts may also have to pay up to $15,000 in fines.

Felony Sentencing Guidelines in Pennsylvania

Pennsylvania decides on felony sentencing based on statutory ranges, judicial discretion, and the Pennsylvania Sentencing Guidelines.

Key Sentencing Factors

1. Felony Degree: This defines the maximum sentence.
2. Sentencing Guidelines: These guidelines provide recommended ranges based on the offense gravity score (OGS) and prior record score (PRS).
3. Mandatory Minimums: Some crimes, such as drug trafficking, firearm use, and sex crimes, carry mandatory minimum terms.
4. Aggravating Factors: Crimes against children, elderly victims, the use of deadly weapons, and repeat violent offenses are considered aggravating factors and can worsen a defendant’s sentencing.
5. Mitigating Factors: A defendant’s sentencing may be helped by mitigating factors such as being a first-time offender and cooperating with authorities.
6. Habitual Offender Enhancements: Repeat offenders may face enhanced penalties, including extended prison terms.
7. Probation and Alternative Sentencing: Certain nonviolent F3 felonies may result in probation or diversion programs.
8. Parole: The Pennsylvania Parole Board manages parole eligibility.

For instance, standards prescribe minimum ranges based on OGS and PRS scores, and a first-degree felony rape conviction can carry a maximum sentence of 20 years.

Felony Laws and Procedures in Major Pennsylvania Cities

Philadelphia (Philadelphia County)

One of the busiest courts in the country, the Court of Common Pleas of Philadelphia County, handles felonies in Philadelphia. You may access records from the court through the Unified Judicial System of Pennsylvania portal and the Philadelphia Clerk of Courts.

Pittsburgh (Allegheny County)

The Allegheny County Court of Common Pleas in Pittsburgh hears felony cases involving violent crimes, drug offenses, and property cases. Records are accessible through the Allegheny County Department of Court Records.

Harrisburg (Dauphin County)

The Dauphin County Court of Common Pleas prosecutes felonies in Harrisburg, with a focus on white-collar crimes, drug offenses, and burglaries. Records are available through statewide portals or the Dauphin County Clerk.

How to Search for Felony Records in Pennsylvania

Pennsylvania offers statewide and county-level access to felony records.

1. Unified Judicial System (UJS) of Pennsylvania Web Portal

The UJS Web Portal allows searches for felony case information by name or docket number. Available records include:

• Case number and docket entries.
• Charges filed.
• Court location.
• Sentencing outcomes.

2. Clerk of Courts Offices

You may find certified copies of criminal case files from the Clerk of Courts in the concerned county.

3. Pennsylvania State Police – Access to Criminal History (PATCH)

The PATCH system provides statewide criminal history reports, including felony convictions. Employers and individuals can request records online.

4. Local Police Departments and Sheriff’s Offices

Law enforcement agencies in the state maintain records of arrests and bookings. Under Pennsylvania's Right-to-Know Law, you may file a request, although these agencies may deny your request if it is for an ongoing investigation.

5. Third-Party Background Checks

Private third-party services also provide access to Pennsylvania felony records, usually for a fee, but official UJS and State Police sources are more accurate and reliable.

Open vs. Sealed Records

• Open Records: Most felony convictions in Pennsylvania remain accessible to the public forever.
• Expungement/Sealing: Pennsylvania allows limited expungement, primarily for arrests that resulted in no conviction or if the state has pardoned the crime. After ten years with no further convictions, some nonviolent felonies may be eligible for sealing under the Clean Slate Law.

Why Understanding Felonies in Pennsylvania Matters

In Pennsylvania, a felony conviction has repercussions that go beyond jail time and fines. They have an impact on housing access, employment opportunities, and civil rights. Comprehending Pennsylvania felony legislation, punishment, and record access is essential for individuals, employers, and organizations.

The penalties for crimes in Pennsylvania range from seven years for third-degree felonies to life in prison or death for first-degree murder. The Keystone State also has three degrees of felonies, as well as another category known as unclassified felonies. The Pennsylvania Sentencing Guidelines, statutory ranges, and prior record considerations all influence how the state doles out sentences. You may find felony records through the State Police PATCH system, Clerk of Courts offices, or the Unified Judicial System of Pennsylvania Web Portal.