When Does a Misdemeanor Become a Felony in Pennsylvania?

If you're facing criminal charges, understanding how and when a misdemeanor becomes a felony is crucial—and having a defense attorney who can push for reduction or dismissal can make all the difference.

What Is the Difference Between a Misdemeanor and a Felony?

Pennsylvania classifies criminal charges into:

• Summary Offenses – Minor (e.g., disorderly conduct, traffic tickets)

• Misdemeanors – More serious (e.g., simple assault, first-time DUI)

• Felonies – The most serious (e.g., robbery, aggravated assault, drug trafficking)

Felonies carry longer sentences, higher fines, and more severe long-term consequences—including restrictions on employment, housing, gun rights, and voting in some cases.

Ways a Misdemeanor Can Be Elevated to a Felony in Pennsylvania

Here are the most common ways a charge can be upgraded:

🔹 1. Injury or Threat of Violence

• A simple assault (misdemeanor) becomes aggravated assault (felony) if:

  • A weapon is used

  • Serious bodily injury is caused

  • The alleged victim is a protected person (e.g., police officer, teacher, EMS)

Example: Punching someone in a bar = misdemeanor. Breaking their jaw = felony.

🔹 2. Use of a Weapon

Adding a firearm or knife to an incident can instantly elevate charges:

• A misdemeanor theft becomes robbery if committed with force or threat

• A misdemeanor threat becomes a felony terroristic threat if a weapon is involved

• Even possessing a firearm without a permit can be a felony gun charge

🔹 3. Dollar Amount or Value Involved

• Retail theft, theft by deception, and property crimes are graded based on value:

  • Under $50 = summary or misdemeanor

  • $200 to $2,000 = first-degree misdemeanor

  • Over $2,000 or if it involves a car, firearm, or business = felony

Prior theft convictions can also bump future charges to felonies, even for small items.

🔹 4. Repeat Offenses

Pennsylvania law increases penalties for repeat offenses, especially for:

• DUI (third or fourth DUI can become a felony)

• Retail theft (third offense is a felony regardless of value)

• Drug possession (repeat PWID charges often upgraded)

If you have a prior conviction on record, prosecutors may pursue felony sentencing enhancements.

🔹 5. Protected Victims or Locations

Offenses committed against certain people or in specific places may lead to felony charges:

• Crimes against children, elders, disabled individuals, or public officials

• Crimes near schools, government buildings, or places of worship

• Violations of Protection From Abuse (PFA) orders

For example, a shove might be simple assault—but if it happens during a domestic dispute, it could be charged as a felony.

Why the Classification Matters

Misdemeanor (1st Degree)Felony (3rd Degree)Up to 5 years in jailUp to 7 years in prisonFine up to $10,000Fine up to $15,000May be eligible for diversion or expungementFelony record is permanent (unless pardoned)

Felonies can also affect:

• Gun rights

• Professional licenses

• Immigration status

• Employment and housing applications

How a Criminal Defense Attorney Can Help

An experienced attorney will:

✅ Challenge the upgrade from misdemeanor to felony
✅ Negotiate a charge reduction with prosecutors
✅ Push for diversion or ARD to avoid felony consequences
✅ Argue that the evidence doesn’t support a felony-level offense
✅ Help prevent a felony conviction that could follow you for life

Your lawyer may also file motions to suppress evidence or seek a plea to a lesser offense.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you're facing charges that may be upgraded—or already have—don’t wait. With over 30 years of experience defending clients in Philadelphia and throughout Pennsylvania, Mark D. Hauser knows how to challenge felony enhancements, reduce charges, and protect your record.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.