Generally, a felony crime in Pennsylvania is one which is punishable by one year or more in prison.
Felony Offenses and Sentencing in Pennsylvania
Pennsylvania does not classify its felonies. However, the State does describe the degrees of its crimes. Generally, a first degree felony offense is a more serious crime with more significant penalties associated with the commission of the offense. The following examples of crimes indicate the crime, the degrees and the penalty for each offense.
Murder
First Degree Murder: A person convicted of first degree murder shall be sentenced to death or a term of life imprisonment
Second Degree & Third Degree Murder: A person convicted of second or third degree murder shall be sentenced to a term of life imprisonment.
Theft
First Degree Theft: Items over $10,000.00, repeat offender; could receive more than 10 years imprisonment.
Second Degree Theft: Items over $5000.00, up to 10 years imprisonment
Third Degree Theft: Items over $2000.00, could receive from 1 to 7 years imprisonment
Pennsylvania Felony Records and Expungement
According to the Pennsylvania expungement statute, a criminal history record information may be expunged in certain circumstances. These include the following:
- a defendant attains 70 years of age and is free of arrest or prosecution for 10 years from the time of sentence/probation term
- a defendant has been dead for three years.
The statute also prohibits the expungement of certain types of arrest records. This includes the following:
- defendant was placed on “accelerated rehabilitative disposition” for a violation of any offense where the victim was under 18 years of age involving:
- rape
- statutory sexual assault
- involuntary statutory sexual intercourse
- prostitution related offenses
- aggravated indecent assault
- obscene and other sexual materials and performances
Pennsylvania Statute of Limitations for Felonies
The following are the time periods in which a criminal felony prosecution must be filed against a criminal defendant in the State of Pennsylvania.
No limitation: murder, manslaughter, voluntary manslaughter, conspiracy to murder, soliciting to commit murder and murder results, felony connected with 1st or 2nd degree murder, vehicular homicide.
- 8 years: fraud or breach of fiduciary duty: 3 yrs.; official misconduct
- 5 years: major offenses or conspiracy or solicitation to commit major offense
- 2 years: all others
Note that there is an exception for sexual offenses which are committed against minors. The criminal statute of limitation in Pennsylvania begins to run when the minor attains the age of eighteen and for major sexual offenses, the statutory period is twelve years.
Help from a Lawyer in Pennsylvania for Felony Charges
An experienced criminal defense attorney can not only evaluate one’s case in order to determine what options one may have in the matter, but also the attorney can assist one in making important determinations in preparing one’s defense. In addition, the attorney can help to preserve any rights you may have, as well as help to obtain the most advantageous result under the circumstances.
