--Simple assault is a misdemeanor of the second degree unless committed: (1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or (2) against a child under 12 years of age by an adult 21 years of age or older, in which case it is a misdemeanor of the first degree. Pennsylvania’s new misdemeanor expungement law, though with harsh limitations when compared to similar statutes in other states, is a step in the right direction for reducing the economic burdens placed upon the state by ex-convicts with … Under Pennsylvania Criminal Laws, crimes and penalties are categorized as either Felonies or Misdemeanors, with 3 subclasses of each. Misdemeanor crimes in Pennsylvania, including their associated penalties, are outlined extensively under the Commonwealth’s legal statutes. In the state of Pennsylvania, misdemeanors refer to serious infractions such as crimes that can land a person in jail for at least a year. In 2009, both Binderup and Suarez successfully petitioned the Pennsylvania courts to have their prohibitions set aside. Although a third-degree misdemeanor is considered the least serious misdemeanor, it is still categorized as a criminal offense, and thus carries with it significant legal and collateral consequences. Classifications for Misdemeanors by State. States have recognized the need to make changes to lower level offenses as well. States have been looking at misdemeanor sentencing and penalties for violations as the focus of legislation has expanded beyond felony penalties and sentencing. Felony 2: Up to 10 years in prison; Felony 3: Up to 7 years in prison. There was no pardon or expungement. Ungraded Misdemeanors (M) Pennsylvania’s legislator leaves certain misdemeanor offenses ungraded so that they can assign a specific penalty to the offense. This can be either a local jail or a high-security facility based on the seriousness of the misdemeanor. Highest tier, second offense DUI convictions in Pennsylvania are first degree misdemeanors and thereby trigger the firearm prohibition. A misdemeanor of the first degree is punishable by up to five years in jail, so a conviction of a first degree misdemeanor would prohibit a person from possessing a firearm under Federal law. For example, a state may divide misdemeanor crimes into levels, such as Class 1 or A, 2 or B, 3 or C, and so on. Class 2 Misdemeanor Penalties The maximum punishments for class 2 misdemeanors include up to four months in jail and fines that cannot exceed $750. Felonies are broken into Felony 1 (F1), Felony 2 (F2), Felony 3 (F3), and likewise, Misdemeanor 1 (M1), Misdemeanor 2 (M2), and Misdemeanor 3 (M3), and there is also a category of Summary Offenses. Felonies and Misdemeanors Difference between Felonies and Misdemeanors in Pennsylvania. Classifications for misdemeanors are set by state penal codes. However, certain crimes, like DUIs, have mandatory minimums associated with them, which means that the court must impose a minimum sentence level. And Suarez was denied for the guilty plea to misdemeanor in Maryland (unlawfully carrying a handgun without a license) under 18 USC §921(g)(1) as modified by 18 USC §921(a)(20)(B). Alabama, Arkansas, Illinois, Kentucky, Missouri, Tennessee, Pennsylvania, and Texas use a series of letters to classify misdemeanors including Class A, Class B, and Class C. Class A misdemeanors are the highest level of misdemeanors. For some crimes, if it is the second or third offense of the same nature, the level of misdemeanor can be increased. In Pennsylvania, misdemeanor offenses can be ungraded or categorized as a misdemeanor of the third, second, or first degree. This 50-state chart has information on maximum penalties and fines for misdemeanors. Here are a few examples of misdemeanors in Pennsylvania, broken down by class. 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