Skip to main content
Criminal LawDrug CrimesDUIGun ChargesTheft

Misdemeanors

By October 27, 2023December 9th, 2024No Comments

If you or someone you love is facing misdemeanor charges in Pennsylvania, you might be feeling overwhelmed. What do these charges mean? How will they impact your future? What can you do to protect yourself? These are questions I’ve helped countless clients answer as an experienced attorney. Misdemeanor charges are serious, but with the right legal guidance, you can navigate this challenging time.

In this article, I’ll break down the basics of misdemeanor charges in Pennsylvania, including their classifications, consequences, and what steps you can take to defend yourself.


What Are Misdemeanor Charges?

Misdemeanor charges are criminal offenses that fall between summary offenses (such as minor traffic violations) and felonies (serious crimes like murder or armed robbery). While not as severe as felonies, misdemeanors can still lead to significant penalties, including jail time, fines, and a criminal record.

Pennsylvania categorizes misdemeanors into three degrees, each with different levels of severity and consequences:


First-Degree Misdemeanors

The most serious type of misdemeanor, first-degree misdemeanors, carry heavy penalties. If convicted, you could face:

  • Up to 5 years of imprisonment
  • Fines of up to $10,000

Examples of First-Degree Misdemeanors:

  • Certain theft offenses (e.g., stealing property worth more than $2,000)
  • Some drug possession charges
  • Simple assault that involves serious bodily injury

These charges often feel particularly daunting because of the potential for lengthy jail time and high fines. I once represented a young client who was charged with a first-degree misdemeanor for an altercation at a bar. By presenting evidence that showed he acted in self-defense, we were able to negotiate a reduction in charges, allowing him to avoid jail time entirely. This illustrates the importance of having a skilled attorney by your side.


Second-Degree Misdemeanors

Second-degree misdemeanors are less severe but still carry meaningful penalties:

  • Up to 2 years of imprisonment
  • Fines of up to $5,000

Examples of Second-Degree Misdemeanors:

  • Some types of theft (e.g., stealing property valued between $200 and $2,000)
  • Certain drug possession offenses (smaller amounts or lesser drugs)

For instance, a client of mine was charged with a second-degree misdemeanor for shoplifting. She was terrified about how a conviction might affect her career. By advocating for her in court and demonstrating that this was an isolated mistake, we were able to secure an alternative sentencing option that kept her record clean.


Third-Degree Misdemeanors

The least severe type of misdemeanor, third-degree misdemeanors, still carry penalties:

  • Up to 1 year of imprisonment
  • Fines of up to $2,500

Examples of Third-Degree Misdemeanors:

  • Disorderly conduct
  • Minor vandalism

Even though these charges seem minor, they can still have lasting consequences. A conviction goes on your criminal record, potentially affecting job applications and housing opportunities. One client of mine faced a third-degree misdemeanor for an argument that got out of hand at a public event. By providing the court with character references and evidence of his community involvement, we successfully minimized the penalties.


The Hidden Consequences of a Misdemeanor Conviction

Beyond the immediate penalties, a misdemeanor conviction can have long-term effects, including:

  • Employment Challenges: Many employers conduct background checks and may hesitate to hire someone with a criminal record.
  • Housing Issues: Landlords often deny applications from individuals with convictions.
  • Professional Licensing: Certain professions, such as healthcare or education, may revoke or deny licenses.
  • Social Stigma: A conviction can affect relationships and your standing in the community.

How an Attorney Can Help

If you’re facing misdemeanor charges, one of the best steps you can take is to hire an experienced attorney. Here’s how I approach these cases:

1. A Deep Understanding of Prosecution Strategies

As a former prosecutor, I’ve spent years learning how the other side builds its case. This gives me a unique advantage when crafting your defense. I can identify weaknesses in the evidence, procedural errors, or overreaching by law enforcement that can be used to your benefit.

2. Crafting a Personalized Defense

Every case is different, and so is every defense. Some of the most effective strategies include:

  • Challenging Evidence: For example, was the search that led to your charges conducted legally? If not, the evidence may be inadmissible.
  • Demonstrating a Lack of Intent: Many crimes require intent. If we can prove you didn’t act intentionally, your case may be dismissed.
  • Negotiating with Prosecutors: Sometimes, the best strategy is to work out a deal that avoids jail time and minimizes the long-term impact of your charges.

3. Helping You Move Forward

Even if a conviction can’t be avoided, I work tirelessly to help you minimize its impact. This could involve seeking probation instead of jail time, negotiating reduced fines, or exploring options like expungement down the line.


Steps to Take If You’ve Been Charged with a Misdemeanor

1. Remain Calm and Exercise Your Rights

It’s natural to feel anxious, but try to stay calm. Don’t speak to law enforcement without an attorney present, as anything you say can be used against you.

2. Contact an Attorney Immediately

Time is critical. The sooner you have legal representation, the sooner we can start building your defense.

3. Document Everything

If possible, gather any evidence that supports your version of events, such as witness statements, photos, or video footage.

4. Be Honest with Your Attorney

I can’t emphasize this enough—being honest with your attorney is crucial. Even if something seems incriminating, it’s better for me to know upfront so we can address it effectively.


Why Choose Wenger Law?

At Wenger Law, I don’t see my clients as case numbers—I see them as people with unique stories. I understand that misdemeanor charges can disrupt your life in ways you never expected. That’s why I approach every case with compassion, dedication, and a deep commitment to achieving the best possible outcome.

Having spent years as a prosecutor, I bring a wealth of knowledge about how the legal system works from both sides of the courtroom. This perspective allows me to anticipate challenges and stay one step ahead, no matter how complex your case may be.


Conclusion

Misdemeanor charges are serious, but they don’t have to define your future. With the right defense strategy and a dedicated attorney, you can overcome this challenge and move forward with your life.

If you or someone you know is facing misdemeanor charges in Pennsylvania, don’t wait to seek help. Contact Wenger Law today to schedule a consultation. Together, we’ll build a plan to protect your rights and secure the best possible outcome for your case.

  • Criminal Law
  • Drug Crimes
  • DUI
  • Gun Charges
  • Theft
  • Traffic Violations

I represent my clients aggressively and affordably.

Award winning attorney
David Earl Wenger IIIClients’ ChoiceAward 2021 David Earl Wenger IIIReviewsout of 9 reviews 7.6David Earl Wenger III
award winning attorney
wengerlaw2

Author wengerlaw2

More posts by wengerlaw2