What are the maximum penalties for each grade of crime in Pennsylvania?

Last updated October 4, 2026.

In Pennsylvania the maximum prison term and fine depend on the grade of the crime: up to 20 years and $25,000 for a first-degree felony, 10 years and $25,000 for a second-degree felony, 7 years and $15,000 for a third-degree felony, and 5 years, 2 years and 1 year for first, second and third-degree misdemeanors. A summary offense carries up to 90 days. These are ceilings set by 18 Pa.C.S. 1101, 1103, 1104 and 1105, not predictions of the sentence.

This chart explains each grade, including the short forms F1 through M3 and S. For help with the charge itself, see our criminal defense page.

What is the maximum for each grade?

Prison maximums: 18 Pa.C.S. 1103 (felonies), 1104 (misdemeanors) and 1105 (summary offenses). Fines: 18 Pa.C.S. 1101. Section 1103 itself notes an exception for repeat offenders sentenced under 42 Pa.C.S. 9714.

Can a fine be higher than the chart?

Yes, in two situations. Section 1101 allows a fine equal to double the pecuniary gain the offender got from the offense, and any higher or lower amount a specific statute authorizes. Some statutes set their own fines; the DUI law, for example, sets minimum fines by tier and prior offenses. Restitution to a victim is separate from the fine.

What if a charge has no grade listed?

Section 106 fills the gaps. A crime called a felony without a degree is a third-degree felony, and one called a misdemeanor without a degree is a third-degree misdemeanor. Any other offense declared a crime without a class is a second-degree misdemeanor unless its maximum makes it a felony. A summary offense is one so designated, or one punishable by not more than 90 days. These rules apply to offenses defined outside the Crimes Code too (18 Pa.C.S. 106(e)).

The Vehicle Code also uses a category the Crimes Code does not: the ungraded misdemeanor. A first DUI, for example, is a misdemeanor for which the maximum is six months (75 Pa.C.S. 3803).

How do common charges fall on the chart?

For details, see how serious a robbery or burglary charge is in Pennsylvania. Value-based grading is covered in how the value of property changes a theft charge. Shoplifting has its own ladder, explained in when retail theft becomes a felony. DUI grading by tier and record is explained in whether a third DUI is a felony. Assault charges are graded under their own section; our assault defense page explains the difference between simple and aggravated assault.

What decides the grade in a particular case?

The grade is set by the facts the statute cares about, and those facts are often where a defense starts. A few examples from the statutes above:

• Value. Theft is graded by the market value of the property at the time and place of the crime, or replacement cost if that cannot be determined; amounts taken in one scheme or course of conduct may be added together, and property whose value cannot be established is treated as worth less than $50 (18 Pa.C.S. 3903(c)).
• Prior offenses. A third retail theft is a felony regardless of value, and earlier convictions, ARD and similar offenses in other states all count toward that number (18 Pa.C.S. 3929(b.1)).
• Injury, threat or force. Robbery moves from a third-degree felony to a first-degree felony depending on whether there was force, bodily injury, or serious bodily injury or a threat of it (18 Pa.C.S. 3701).
• The building and who was inside. Burglary of a place adapted for overnight accommodation, or of any building with someone present, is a first-degree felony (18 Pa.C.S. 3502).

The grade on the complaint is not final. At the preliminary hearing, a judge who finds evidence only of a lesser offense may hold the case on that lesser offense, although the judge may not lower the grade of a charge on their own (Pa.R.Crim.P. 543, comment). Summary offenses also differ in what follows a conviction: they can be expunged after five years free of arrest or prosecution (18 Pa.C.S. 9122(b)(3)). The citation process is covered in what a summary offense is in Pennsylvania. Two of the most common examples are in whether disorderly conduct and public drunkenness are crimes.

Will I get the maximum?

The maximum is the legal ceiling, not a prediction. Delaware County's own summary of the process notes that judges use the Sentencing Guidelines and that there can be a very wide range of possible sentences even within them, that the defense can present mitigating facts to argue for the lower end, and that sentences are often a combination of fines, restitution, probation, alternative housing and confinement. Mandatory minimums, where a statute sets them, are a separate floor.

How does a Pennsylvania sentence of confinement work?

A Pennsylvania jail or prison sentence has two numbers. The judge sets a maximum up to the limit for the grade and a minimum that "shall not exceed one-half of the maximum sentence imposed" (42 Pa.C.S. 9756(b)(1)). A sentence of 1 to 2 years, for example, fits that rule; 18 months to 2 years does not. Parole before the minimum is generally not allowed unless the law authorizes it (9756(b)(2)).

The maximum also decides where the time is served:

Sentencing hearings for held cases take place at the Court of Common Pleas; in Delaware County that is the Courthouse in Media, described in what to expect at the Delaware County Courthouse.

What changes the answer?

• The facts the statute grades on. Value, injury, force, the kind of building and who was present can move a charge up or down several grades.
• Your record. Prior offenses raise some grades directly, as with retail theft and DUI, and 42 Pa.C.S. 9714 sets mandatory minimums for some repeat crimes of violence.
• A statute's own penalty. Some laws set their own fines or minimums, which sit alongside the general chart (18 Pa.C.S. 1101).
• What happens at the preliminary hearing. Charges can be held, dismissed or held on a lesser offense; see what happens at a preliminary hearing.
• Diversion. ARD or Misdemeanor Diversion can end a case without a conviction at all; see Delaware County's diversion programs.
• Consequences beyond the sentence. Some offenses bring registration or firearms bans; see how long sex offender registration lasts.

For example: what an F3 ceiling means in practice

Here is a hypothetical. A man with no record is charged with criminal trespass by entering a building, a third-degree felony with a 7-year, $15,000 ceiling. At the preliminary hearing the charge is held for court. His lawyer explores diversion, and if that is not offered, the case moves toward a plea or trial in the Court of Common Pleas.

If he were convicted, the judge would look at the Sentencing Guidelines and any mitigating facts, not the 7-year maximum. A sentence of confinement would have a minimum no more than half the maximum, and a maximum under two years would be served in the county prison. A plea to a lower grade could also change what happens years later, because Clean Slate reaches only certain misdemeanors. This example is only an illustration; every case depends on its own facts.

What mistakes do people make when reading the chart?

• Treating the maximum as the likely sentence. It is a ceiling; the guidelines and the facts drive the actual sentence.
• Ignoring summary charges. They carry up to 90 days and stay on the record until cleared; they are not just tickets.
• Assuming a misdemeanor is minor. An M1 carries up to 5 years, and some misdemeanors trigger firearms bans or registration.
• Overlooking the grade of a plea. The grade decides later options such as Clean Slate, covered in expungement, limited access and Clean Slate.
• Forgetting restitution. It is separate from the fine and is often ordered in property cases.
• Reading the complaint's grade as final. Grades can change at the preliminary hearing or by agreement.

What should I do this week?

1. Find the complaint and list each charge with its grade (F1 to M3 or S).
2. Look up each grade's ceiling in the chart above.
3. Write down the facts that drive each grade, such as value, injury or prior record.
4. Note the date and place of the preliminary hearing.
5. Ask your lawyer whether any diversion program is realistic.
6. Keep any receipts or records that bear on value or restitution.

The grade also affects more than the sentence. Under Pennsylvania's Clean Slate law, for example, automatic sealing of convictions is limited to second and third-degree misdemeanors and misdemeanors punishable by no more than two years (18 Pa.C.S. 9122.2), so the grade of a plea can matter years later.

Frequently asked questions

What do F1, M2 and S mean on my complaint?

They are the grades: felony of the first degree, misdemeanor of the second degree and summary offense. Each grade has its own maximum prison term and fine in the chart above.

Will a felony send me to state prison?

Not necessarily. Where time is served depends on the maximum term actually imposed: under two years is county prison, five years or more is state prison, and the middle range is state prison unless the county prison is certified and the prosecutor and court agree (42 Pa.C.S. 9762(b)).

Is a summary offense a criminal record?

A summary conviction can carry up to 90 days and can appear on a record until it is expunged, which is possible after five years free of arrest or prosecution (18 Pa.C.S. 9122(b)(3)).

Can the grade be lowered in a plea?

The District Attorney can agree to amend or withdraw charges as part of a plea. A district judge, by contrast, may not lower a grade on their own at the preliminary hearing (Pa.R.Crim.P. 543, comment).

Does the grade affect my right to own a firearm?

It can. Pennsylvania's firearms statute bars possession after convictions for many listed offenses (18 Pa.C.S. 6105), so the offense and its grade both matter. One common situation, a Protection From Abuse order, is covered in whether you must give up your guns when a PFA is entered.

How long does a criminal case take from charge to sentence?

Delaware County's flow chart and the statewide rules set the timeline, laid out in what happens after an arrest in Delaware County.

Call Giribaldi Law at (610) 891-8303 or contact us online for a free consultation about the charges on your complaint.