What Are the Most Common Misdemeanor Crimes in Pennsylvania? You Might Be Surprised!

When people think of criminal charges, they often picture serious felonies. However, misdemeanors make up a significant portion of criminal cases in Pennsylvania. These offenses, while not as severe as felonies, still carry serious consequences, including fines, probation, or even jail time. As a lawyer, I often encounter clients who are surprised to learn how common misdemeanor charges can be and how profoundly they can impact one’s life. Below, we’ll explore common misdemeanors in Pennsylvania, including theft charges, assault misdemeanors, and DUI cases, to provide you with a better understanding of what they entail and the potential legal repercussions.

What Are Misdemeanors?

In Pennsylvania, crimes are classified as summary offenses, misdemeanors, or felonies. Misdemeanors fall in the middle of the spectrum. They are more serious than summary offenses, such as traffic violations, but less severe than felonies like robbery or aggravated assault. Pennsylvania law divides misdemeanors into three grades:

• Misdemeanor of the First Degree (M1): Punishable by up to five years in prison and fines of up to $10,000.
• Misdemeanor of the Second Degree (M2): Punishable by up to two years in prison and fines of up to $5,000.
• Misdemeanor of the Third Degree (M3): Punishable by up to one year in prison and fines of up to $2,500.

Each grade corresponds to the severity of the offense, with first-degree misdemeanors carrying the harshest penalties.

Common Misdemeanors in Pennsylvania

1. Theft Charges

Theft is one of the most frequently charged misdemeanors in Pennsylvania. Depending on the value of the property stolen, theft can range from a summary offense to a felony. For example:

• Theft of property valued at less than $50: Typically a summary offense.
• Theft of property valued between $50 and $200: Usually classified as an M3.
• Theft of property valued between $200 and $2,000: Typically charged as an M1.

Common examples of misdemeanor theft include shoplifting, stealing personal property, or unlawfully taking items from a workplace. Even a seemingly minor theft charge can lead to significant consequences, including a criminal record that affects your employment and housing prospects.

2. Assault Misdemeanors

Another prevalent misdemeanor in Pennsylvania is simple assault. This charge often arises from heated disputes or altercations. Unlike aggravated assault, which involves serious bodily harm or use of a deadly weapon, simple assault is defined as:

• Attempting to cause or intentionally causing bodily injury to another person.
• Negligently causing bodily injury with a deadly weapon.
• Putting another person in fear of imminent serious bodily injury.

Simple assault is generally charged as an M2, but certain circumstances can elevate or reduce the charge. For instance, a fight in mutual consent may result in an M3 charge. An experienced lawyer can help navigate the nuances of these charges and build a strong defense.

3. DUI (Driving Under the Influence)

DUI offenses are among the most common misdemeanors handled by Pennsylvania courts. Driving under the influence of alcohol or drugs can have severe repercussions, including license suspension, hefty fines, and potential jail time. The penalties for DUI depend on factors such as:

• The driver’s blood alcohol content (BAC).
• Whether it is a first, second, or subsequent offense.
• Whether the DUI resulted in an accident or injury.

Most first-offense DUIs are charged as an ungraded misdemeanor, carrying penalties like six months of probation and a $300 fine. However, repeat offenses or cases involving a high BAC can result in more severe misdemeanor charges or even felonies. If you’ve been charged with a DUI, consulting a skilled DUI lawyer is crucial to protecting your rights.

4. Drug Possession

Possession of a controlled substance, such as marijuana, cocaine, or prescription drugs without a valid prescription, is another common misdemeanor in Pennsylvania. Simple possession (possession for personal use) is typically charged as an M1, punishable by up to one year in jail and a fine of up to $5,000.

In some cases, participation in a diversion program or drug court may be an option, allowing offenders to avoid a conviction by completing treatment and meeting specific conditions. An attorney experienced in handling drug cases can explore these alternatives for eligible clients.

5. Disorderly Conduct

Disorderly conduct encompasses a wide range of behaviors that disrupt public peace or safety, such as:

• Fighting or engaging in threatening behavior.
• Creating unreasonable noise.
• Using obscene language or gestures in public.

Depending on the severity of the conduct, it can be charged as a summary offense or an M3. While disorderly conduct may seem minor, it can lead to fines, community service, or even jail time in more serious cases.

6. Criminal Mischief

Criminal mischief involves intentionally damaging another person’s property. This includes:

• Vandalism.
• Graffiti.
• Tampering with someone’s belongings to cause damage or inconvenience.

The charges depend on the extent of the damage. If the cost to repair or replace the property is under $1,000, it is typically an M2 or M3 misdemeanor. Criminal mischief charges often arise in youthful or impulsive actions, making it crucial to address them promptly to avoid long-term consequences.

Why Misdemeanor Charges Are Serious

While misdemeanors are not as severe as felonies, they can still have lasting effects on your life. A conviction can result in:

• Criminal Record: Misdemeanor convictions are visible to employers, landlords, and others who conduct background checks.
• Fines and Restitution: Many misdemeanor charges come with significant financial penalties.
• Jail Time: Even a short jail sentence can disrupt your life and employment.
• Probation: Violating probation terms can lead to additional penalties.

How a Lawyer Can Help

Facing a misdemeanor charge can be overwhelming, but having an experienced lawyer on your side can make a significant difference. Here’s how we can assist:

1. Evaluating Your Case: We’ll review the facts and evidence to determine the strengths and weaknesses of the prosecution’s case.
2. Negotiating Plea Deals: In some cases, we can negotiate for reduced charges or alternative sentencing options.
3. Exploring Diversion Programs: For eligible clients, diversion programs can provide a path to avoiding a conviction.
4. Defending You in Court: If your case goes to trial, we’ll develop a robust defense strategy to fight for the best possible outcome.

Conclusion

Misdemeanor charges in Pennsylvania, such as theft, assault, DUI, drug possession, disorderly conduct, and criminal mischief, are more common than you might think. While these charges may seem less severe than felonies, their consequences can be life-altering. If you’re facing a misdemeanor charge, it’s essential to seek legal representation promptly. Whether you’re dealing with theft charges, an assault misdemeanor, or a DUI, a skilled lawyer can guide you through the legal process and help protect your future.