Felony vs. Misdemeanor: What’s the Difference?

If you or a loved one has been charged with a crime in Pennsylvania, one of the first questions you’ll have is: Is this a felony or a misdemeanor? The answer has serious implications—not just for your court case, but for your future.

Both types of charges can carry jail time, fines, and lasting consequences. However, understanding the differences can help you make informed decisions, especially if you’re navigating the system for the first time, where certain misdemeanor cases are handled differently than in other counties.

With experience defending clients charged with crimes, I’ve helped people navigate all types of charges and avoid harsh outcomes. Here’s how I approach both Felony and Misdemeanor cases.

What’s the Basic Difference Between a Felony and a Misdemeanor?

Crimes are categorized into three general levels: felonies, misdemeanors, and summary offenses.

• Felony: The most serious level of crime. Felonies typically involve violence, serious injury, significant theft or fraud, or repeat offenses. They carry heavier penalties and longer-lasting consequences.

• Misdemeanor: Less serious than a felony, but still a criminal offense. Misdemeanors can include DUI, simple assault, theft under a certain amount, drug possession, or disorderly conduct.

• Summary Offense: The lowest level of offense (e.g., traffic violations, public drunkenness), often resolved with fines and no jail time.

Sentencing Ranges

Law breaks down felony and misdemeanor charges into degrees, each with specific sentencing guidelines:

Felony Sentences

• Felony 1st Degree (F1): Up to 20 years in prison, $25,000 fine
  (e.g., rape, aggravated assault with serious injury)

• Felony 2nd Degree (F2): Up to 10 years, $25,000 fine
  (e.g., burglary without harm, statutory sexual assault)

• Felony 3rd Degree (F3): Up to 7 years, $15,000 fine
  (e.g., theft over $2,000, certain gun violations)

Misdemeanor Sentences

• Misdemeanor 1st Degree (M1): Up to 5 years, $10,000 fine
  (e.g., DUI with injury, simple assault)

• Misdemeanor 2nd Degree (M2): Up to 2 years, $5,000 fine
  (e.g., resisting arrest, theft under $200)

• Misdemeanor 3rd Degree (M3): Up to 1 year, $2,500 fine
  (e.g., disorderly conduct, harassment)

Actual sentencing depends on factors like prior criminal record, victim harm, and whether a plea deal is reached. Reach out if you need a criminal defense attorney near Chester County, PA.

Legal Consequences Beyond Jail Time

Felony and misdemeanor convictions can lead to long-term consequences, including:

• Permanent criminal record

• Loss of professional licenses

• Ineligibility for certain jobs or public benefits

• Immigration consequences for non-citizens

• Loss of gun rights (for many felony convictions)

Even misdemeanor convictions can affect your ability to get housing, financial aid, or child custody.

How Some Courts Handle Misdemeanors Differently

In many cities, the court system handles misdemeanors, especially for first-time or non-violent offenses, in a more flexible way. Here’s how:

1. Diversion Programs: Some places offer programs like ARD or summary diversion. These let people avoid jail and, in many cases, clear their record after completing things like community service or counseling.

2. Pretrial Deals: Prosecutors may offer agreements before trial that involve taking classes or following certain rules. If completed, charges can be reduced or dropped.

3. Focus on Rehab, Not Jail: Courts in larger areas often focus more on helping people get back on track—especially for drug possession, minor theft, or simple assault. They may choose probation or treatment instead of jail.

This isn’t always the case in smaller or rural areas, where penalties can be stricter even for minor charges.

Can a Misdemeanor Become a Felony (or Vice Versa)?

Yes. Some offenses can be graded as either a misdemeanor or felony depending on the circumstances. For example:

• Theft is a misdemeanor under $2,000 but a felony if over that amount.

• Assault can be charged as simple (misdemeanor) or aggravated (felony) based on the severity of injury and use of a weapon.

This is why legal representation is critical—you need someone who can advocate for reduced charges or diversion eligibility when available.

Protect Your Future with the Right Defense

Whether you’re charged with a felony or a misdemeanor, the consequences can follow you for life. But every case is different, and there are always legal options—especially if it’s your first offense or you’re in a county like Philadelphia where alternatives to jail are available. Reach out for a criminal defense attorney near West Chester, PA. I’ve helped hundreds of clients fight charges, reduce felonies to misdemeanors, and even get cases dismissed entirely. Contact Mark D. Hauser, Attorney at Law today for a confidential case evaluation.