Charges and sentences
Felony and misdemeanor classes in Pennsylvania
Pennsylvania grades felonies as first, second or third degree (F1, F2, F3) and misdemeanors as first, second or third degree (M1, M2, M3). Murder is a separate class, and summary offenses are the lowest level.1
Checked October 29, 2026 against Pennsylvania's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- Pennsylvania grades felonies by degree, mostly by the longest prison term a crime allows. A crime is a first-degree felony if it can bring more than 10 years. A crime declared a felony without a degree is a third-degree felony.1
- Felony theft starts at
- More than $2,000How theft is graded
- When a DUI is a felony
- A DUI is a third-degree felony if the person has three or more prior DUI offenses, or an earlier conviction for homicide by vehicle while DUI. For a breath or blood test refusal, the highest alcohol tier (0.16% or more) or a drug DUI, two prior offenses make it a third-degree felony and three or more make it a second-degree felony. Driving under the influence within 10 years after finishing ARD (a diversion program) for an earlier DUI is a separate offense, and it can make a later DUI a felony with fewer priors. Otherwise a DUI is a misdemeanor.2
Felony degrees in Pennsylvania
From most to least serious: of the first degree (F1), of the second degree (F2), of the third degree (F3). The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Felony of the first degree (F1) | Up to 20 yearsHigher fines are allowed when the law sets one or the gain from the crime was large. Longer sentences can apply to people with earlier convictions. | Up to $25,000 | 18 Pa.C.S. §§ 1103(1), 1101(2)3 |
| Felony of the second degree (F2) | Up to 10 years | Up to $25,000 | 18 Pa.C.S. §§ 1103(2), 1101(2)3 |
| Felony of the third degree (F3) | Up to 7 yearsA crime declared a felony without a degree is an F3. | Up to $15,000 | 18 Pa.C.S. §§ 1103(3), 1101(3)3 |
Misdemeanor classes in Pennsylvania
| Class | Jail | Fine | The law |
|---|---|---|---|
| Misdemeanor of the first degree (M1) | Up to 5 years | Up to $10,000 | 18 Pa.C.S. §§ 1104(1), 1101(4)5 |
| Misdemeanor of the second degree (M2) | Up to 2 yearsA law that makes something a crime without calling it a felony or a misdemeanor creates an M2, unless its maximum sentence makes it a felony. | Up to $5,000 | 18 Pa.C.S. §§ 1104(2), 1101(5), 106(d)5 |
| Misdemeanor of the third degree (M3) | Up to 1 yearA crime declared a misdemeanor without a degree is an M3. | Up to $2,500 | 18 Pa.C.S. §§ 1104(3), 1101(6)5 |
Below a misdemeanor
| Class | Penalty | The law |
|---|---|---|
| Murder of the first degree | Death or life in prisonDifferent rules apply to people under 18 at the time of the crime. | 18 Pa.C.S. § 1102(a)6 |
| Murder of the second degree | Life in prisonDifferent rules apply to people under 18 at the time of the crime. | 18 Pa.C.S. § 1102(b)6 |
| Murder of the third degree | Up to 40 years | 18 Pa.C.S. § 1102(d)6 |
| Summary offense | Up to 90 days in jail and a fine of up to $300, unless a law sets a higher fineA summary offense is the lowest level of offense. Pennsylvania law does not count it as a crime. | 18 Pa.C.S. §§ 1105, 1101(7)7 |
Good to know
Each crime gets its degree from the law that defines it. If a law leaves out the degree, the general rule applies: a felony with no degree is an F3, and a misdemeanor with no degree is an M3. A crime with no class at all is an M2, unless its maximum sentence makes it a felony.1
The maximum sentences above can be exceeded for people with earlier convictions. The felony sentencing section points to a separate law on second and subsequent offenses.3
When theft is a felony in Pennsylvania
Theft is a third-degree felony when the amount involved is more than $2,000. It is a second-degree felony from $100,000 to under $500,000 and a first-degree felony at $500,000 or more. Theft of a firearm is a second-degree felony, and theft of a car or other motor vehicle is a third-degree felony at any value. Below $2,000, theft is generally a first-degree misdemeanor, with lower grades for small amounts.4
DUI in Pennsylvania
Pennsylvania calls it driving under the influence (DUI) of alcohol or a controlled substance.
- Repeat offenses
- A DUI is a third-degree felony if the person has three or more prior DUI offenses, or an earlier conviction for homicide by vehicle while DUI. For a breath or blood test refusal, the highest alcohol tier (0.16% or more) or a drug DUI, two prior offenses make it a third-degree felony and three or more make it a second-degree felony. Driving under the influence within 10 years after finishing ARD (a diversion program) for an earlier DUI is a separate offense, and it can make a later DUI a felony with fewer priors. Otherwise a DUI is a misdemeanor.
- Which past offenses count
- A prior offense counts if it happened within 10 years before the date of the current offense.
- Other felony versions
- Homicide by vehicle while DUI is a second-degree felony, or a first-degree felony if the person already has a DUI conviction or certain other earlier cases. Aggravated assault by vehicle while DUI (causing serious bodily injury) is a second-degree felony. DUI with a minor under 18 in the vehicle is a third-degree felony with two or more prior offenses.
75 Pa.C.S. §§ 3802, 3803, 3806, 3735, 3735.12 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Pennsylvania?
Pennsylvania grades felonies by degree, mostly by the longest prison term a crime allows. A crime is a first-degree felony if it can bring more than 10 years. A crime declared a felony without a degree is a third-degree felony.
What is a felony of the first degree (F1) in Pennsylvania?
In Pennsylvania, the prison range for a felony of the first degree (F1) is up to 20 years, and the fine is up to $25,000. Higher fines are allowed when the law sets one or the gain from the crime was large. Longer sentences can apply to people with earlier convictions.
What is a felony of the second degree (F2) in Pennsylvania?
In Pennsylvania, the prison range for a felony of the second degree (F2) is up to 10 years, and the fine is up to $25,000.
What is a felony of the third degree (F3) in Pennsylvania?
In Pennsylvania, the prison range for a felony of the third degree (F3) is up to 7 years, and the fine is up to $15,000. A crime declared a felony without a degree is an F3.
What is a misdemeanor of the first degree (M1) in Pennsylvania?
In Pennsylvania, the jail range for a misdemeanor of the first degree (M1) is up to 5 years, and the fine is up to $10,000.
What is a misdemeanor of the second degree (M2) in Pennsylvania?
In Pennsylvania, the jail range for a misdemeanor of the second degree (M2) is up to 2 years, and the fine is up to $5,000. A law that makes something a crime without calling it a felony or a misdemeanor creates an M2, unless its maximum sentence makes it a felony.
What is a misdemeanor of the third degree (M3) in Pennsylvania?
In Pennsylvania, the jail range for a misdemeanor of the third degree (M3) is up to 1 year, and the fine is up to $2,500. A crime declared a misdemeanor without a degree is an M3.
How much theft is a felony in Pennsylvania?
Theft is a third-degree felony when the amount involved is more than $2,000. It is a second-degree felony from $100,000 to under $500,000 and a first-degree felony at $500,000 or more. Theft of a firearm is a second-degree felony, and theft of a car or other motor vehicle is a third-degree felony at any value. Below $2,000, theft is generally a first-degree misdemeanor, with lower grades for small amounts.
Is a DUI a felony in Pennsylvania?
A DUI is a third-degree felony if the person has three or more prior DUI offenses, or an earlier conviction for homicide by vehicle while DUI. For a breath or blood test refusal, the highest alcohol tier (0.16% or more) or a drug DUI, two prior offenses make it a third-degree felony and three or more make it a second-degree felony. Driving under the influence within 10 years after finishing ARD (a diversion program) for an earlier DUI is a separate offense, and it can make a later DUI a felony with fewer priors. Otherwise a DUI is a misdemeanor. Homicide by vehicle while DUI is a second-degree felony, or a first-degree felony if the person already has a DUI conviction or certain other earlier cases. Aggravated assault by vehicle while DUI (causing serious bodily injury) is a second-degree felony. DUI with a minor under 18 in the vehicle is a third-degree felony with two or more prior offenses.
These are the general ranges in Pennsylvania's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Pennsylvania" https://secondchanceindex.com/felony-classes/pennsylvania, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- 18 Pa.C.S. § 106(b)
- 75 Pa.C.S. §§ 3802, 3803, 3806, 3735, 3735.1
- 18 Pa.C.S. § 1103; 42 Pa.C.S. § 9714
- 18 Pa.C.S. § 3903
- 18 Pa.C.S. § 1101, FinesPennsylvania General Assembly
- 18 Pa.C.S. § 1102, Sentence for murderPennsylvania General Assembly
- 18 Pa.C.S. § 1104, Sentence of imprisonment for misdemeanorsPennsylvania General Assembly
- 18 Pa.C.S. § 1105, Sentence of imprisonment for summary offensesPennsylvania General Assembly
- 75 Pa.C.S. § 3806, Prior offenses (DUI)Pennsylvania General Assembly
- 75 Pa.C.S. § 3735, Homicide by vehicle while driving under influencePennsylvania General Assembly
- 75 Pa.C.S. § 3735.1, Aggravated assault by vehicle while driving under the influencePennsylvania General Assembly
- 75 Pa.C.S. Chapter 38, Driving after imbibing alcohol or utilizing drugs (includes § 3802)Pennsylvania General Assembly
- Act No. 36 of 2026 (HB 1862), Vehicle Code omnibus amendmentsPennsylvania General Assembly