Pennsylvania sorts felonies into three degrees, and the degree sets the ceiling on prison time and fines. A first-degree felony carries up to 20 years in prison and a $25,000 fine. A second-degree felony carries up to 10 years and the same $25,000 fine cap. A third-degree felony carries up to 7 years and a $15,000 fine. Those are the outer limits under Title 18. What a judge actually imposes in a given case depends on Pennsylvania sentencing guidelines that weigh the seriousness of the offense against the defendant’s prior record, plus any mandatory minimums or enhancements the facts trigger.
The Three Felony Degrees
Title 18 of the Pennsylvania Consolidated Statutes groups felonies into three degrees based on severity.1Pennsylvania General Assembly. Pennsylvania Code Title 18 – Section 106.0, Classes of Offenses First-degree felonies are the most serious and cover crimes like murder, rape, and certain forms of aggravated assault. Second-degree felonies sit in the middle and include offenses like burglary of an unoccupied building and some drug crimes. Third-degree felonies are the lowest tier and include crimes like theft exceeding $2,000 or firearm possession by someone legally prohibited from having one.2Pennsylvania General Assembly. Pennsylvania Code Title 18 – Section 6105, Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms
The same underlying crime can land in different degrees depending on how it was committed. Aggravated assault is a first-degree felony when the defendant attempted to cause serious bodily injury, but drops to second-degree in less severe forms.3Pennsylvania General Assembly. Pennsylvania Code Title 18 – Section 2702.0, Aggravated Assault Burglary of an occupied building is first-degree; entering an unoccupied structure is generally second-degree, though it climbs back to first if the intent was to steal controlled substances.4Pennsylvania General Assembly. Pennsylvania Code Title 18 – Section 3502.0, Burglary Drug trafficking charges can be elevated when the offense occurs near a school zone, and the quantity involved affects both grading and available penalties.
Maximum Prison Time and Fines by Degree
The statutory ceilings under 18 Pa.C.S. § 1103 set the outer bound on a felony sentence:5Pennsylvania General Assembly. Pennsylvania Code Title 18 – Section 1103, Sentence of Imprisonment for Felony
- First-degree felony: up to 20 years in prison
- Second-degree felony: up to 10 years in prison
- Third-degree felony: up to 7 years in prison
These caps apply unless a separate statute imposes a different maximum for a specific crime. Murder, for example, carries its own sentencing structure outside these general limits.
Fines follow a separate schedule under 18 Pa.C.S. § 1101. First- and second-degree felonies each carry a maximum fine of $25,000. Third-degree felonies cap at $15,000.6Pennsylvania General Assembly. Pennsylvania Code Title 18 – Section 1101, Fines A fine can be imposed alongside a prison sentence, not just in place of one. Restitution to victims, court costs, and supervision fees come on top of the statutory fine, so the full financial hit of a conviction usually exceeds the cap.
How Judges Actually Pick a Number
The statutory maximum is a ceiling, not a starting point. Pennsylvania’s sentencing guidelines, maintained by the Pennsylvania Commission on Sentencing, produce a recommended range for every case. Two scores drive the system: an offense gravity score (OGS) reflecting how serious the crime is, and a prior record score (PRS) capturing the defendant’s criminal history.7Pennsylvania Commission on Sentencing. Sentencing Guidelines
Where those two scores intersect on the grid, the guidelines give three ranges. The standard range applies in a typical case. An aggravated range allows a higher sentence when the judge identifies factors that make the crime worse than usual. A mitigated range permits a lower sentence when circumstances cut in the defendant’s favor, such as cooperation with investigators or a minimal role in the offense. A judge can depart from the guidelines entirely but has to state reasons on the record, and departures are subject to appellate review.
The guidelines recommend a minimum sentence for each combination of scores. The maximum the judge imposes still has to fall within the statutory caps above. That split matters: the minimum determines the earliest possible parole eligibility, and the maximum determines how long the state can hold someone if parole is denied.
Mandatory Minimums for Repeat and Armed Offenders
Pennsylvania imposes sharply higher mandatory sentences on people convicted of multiple violent felonies. Under 42 Pa.C.S. § 9714, a second conviction for a crime of violence triggers a mandatory minimum of at least 10 years in prison, regardless of what the guidelines would otherwise recommend. A third violent felony conviction raises the mandatory minimum to 25 years, and the judge has the option to impose life without parole if 25 years is deemed insufficient to protect public safety.8Pennsylvania General Assembly. Pennsylvania Code Title 42 – Section 9714, Sentences for Second and Subsequent Offenses The maximum sentence under this statute must be at least double the mandatory minimum.
Separate from the habitual offender law, the sentencing guidelines add time when a defendant possessed or used a deadly weapon during the crime. The enhancement scales with the offense gravity score. Lower-level offenses (OGS 1 through 4) get 6 months added to both ends of the standard range. Mid-level offenses (OGS 5 through 8) get 12 months. Serious offenses (OGS 9 through 14) get 18 months.9Legal Information Institute. Pennsylvania Code Title 204 – Section 303.10, Guideline Sentence Recommendations: Enhancements The enhancement applies separately to each conviction offense involving a weapon, so on a multi-count case the additions can stack.
Alternatives to Straight Prison Time
Not every felony conviction ends in a straight prison sentence. Pennsylvania runs two programs that combine treatment with supervision to reduce recidivism.
The Intermediate Punishment program is an alternative to full incarceration for non-violent offenders, particularly those with alcohol or drug issues connected to the crime. A defendant sentenced through this program may serve a mix of jail time and community-based sanctions like house arrest, electronic monitoring, intensive supervision, and mandatory drug treatment. A drug and alcohol assessment before sentencing shapes the combination.10Commonwealth of Pennsylvania. Treatment Courts and Intermediate Punishment
The Recidivism Risk Reduction Incentive (RRRI) program offers eligible offenders an earlier parole date in exchange for completing evidence-based rehabilitative programs during incarceration. Eligibility is limited to offenders who have not committed crimes involving personal injury, and those convicted under the Uniform Firearms Act are excluded. When the court sentences an RRRI-eligible defendant, it sets both a standard minimum and a shorter RRRI minimum: three-quarters of the standard minimum for sentences of three years or less, and five-sixths for longer sentences. An offender who finishes the required programs, keeps a clean disciplinary record, and still qualifies can be paroled at the RRRI minimum date.11Legal Information Institute. Pennsylvania Code Title 37 – Section 96.1, Authority and Purpose
Probation and Parole
Probation lets a defendant serve all or part of a sentence under community supervision instead of behind bars. The sentencing judge decides whether probation fits based on the offense, the defendant’s history, and the guidelines. Conditions typically include regular check-ins with a probation officer, drug testing, and compliance with any court-ordered treatment or community service. Violating those conditions can lead to revocation. Pennsylvania law allows a judge to incarcerate someone at a probation revocation hearing if the judge finds incarceration is necessary to vindicate the court’s authority.
Parole is different. It kicks in only after a defendant has served enough of a prison sentence to become eligible. The Pennsylvania Board of Probation and Parole weighs behavior in prison, program participation, victim input, and the assessed risk of reoffending. Violent felony offenders face tougher scrutiny and usually need substantial documentation of rehabilitation and a concrete reentry plan before release is considered.
Parole supervision brings its own conditions: regular meetings with a parole officer, employment expectations, and restrictions on association. High-risk individuals may be placed on electronic monitoring. Consequences for violations vary with severity. A missed appointment might mean tighter supervision or graduated sanctions. A new criminal offense can mean full revocation and a return to prison for the remainder of the original sentence.
Life After the Sentence
The prison term and the fine are only part of what a felony conviction costs. The lasting consequences reach into work, housing, gun rights, and, for non-citizens, immigration status.
Employment and Professional Licensing
Pennsylvania does not prohibit private employers from considering criminal history during hiring, and many industries screen applicants through background checks. The barriers run higher for licensed professions. Under Act 53 of 2020, each licensing board under the Pennsylvania Department of State must publish a schedule of criminal offenses that can serve as grounds to deny, suspend, or revoke a professional license. The schedules cover sexual offenses, crimes of violence, and drug trafficking offenses, with additional offenses listed by each board depending on the profession.12Commonwealth of Pennsylvania. Act 53 of 2020 Best Practices Guide Healthcare workers face a separate federal barrier: the Office of Inspector General must exclude from Medicare and Medicaid anyone convicted of healthcare fraud, patient abuse, or felony drug distribution in a healthcare context.13U.S. Department of Health and Human Services, Office of Inspector General. Referrals for Exclusion Based on Convictions
Housing
Private landlords routinely reject applicants with felony records. Public housing authorities operate under stricter rules. Federal regulations require permanent denial of public housing for anyone convicted of manufacturing methamphetamine on the premises of federally assisted housing, and for anyone subject to a lifetime sex offender registration requirement.14eCFR. 24 CFR 960.204 – Denial of Admission for Criminal Activity or Drug Abuse by Household Members Beyond those mandates, individual housing authorities have discretion to deny admission based on other drug-related or violent offenses.
Firearms
Pennsylvania law permanently bars anyone convicted of certain enumerated felonies from possessing, using, selling, or transferring firearms.2Pennsylvania General Assembly. Pennsylvania Code Title 18 – Section 6105, Persons Not to Possess, Use, Manufacture, Control, Sell or Transfer Firearms The state prohibition runs alongside the federal ban under 18 U.S.C. § 922(g), which prohibits anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition.15Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts The federal ban attaches to the potential sentence, not the sentence actually served. A defendant who received probation and never spent a day in prison is still barred if the offense was punishable by more than a year.
Restoration is possible but hard. Under Pennsylvania law, a convicted person can petition the court of common pleas for relief from the firearm disability after meeting certain conditions, including remaining conviction-free for ten years (not counting time spent incarcerated). A governor’s pardon is the other path. A successful state-level restoration does not automatically lift the federal ban, which has its own separate standards.
Voting and Jury Service
Pennsylvania’s voting rules are more forgiving than many states’. Under the state constitution, the only disqualification is being currently incarcerated for a felony conviction. Once released, a person can register and vote even while serving probation or parole. Federal jury service is different. Under 28 U.S.C. § 1865, anyone convicted of a crime punishable by more than one year in prison is disqualified from serving on a federal jury unless their civil rights have been restored.16Office of the Law Revision Counsel. 28 U.S. Code 1865 – Qualifications for Jury Service
Immigration Consequences
For non-citizens, a Pennsylvania felony conviction can trigger consequences well beyond the criminal sentence. Federal immigration law treats certain felonies as “aggravated felonies” that make a non-citizen deportable and generally ineligible for most forms of relief from removal. The category is broad: murder, drug trafficking, firearms trafficking, crimes of violence with a sentence of at least five years, theft or burglary offenses with a sentence of at least five years, and fraud offenses where the loss exceeds $200,000, among others.17United States Department of Justice Archives. Appendix D – Grounds for Judicial Deportation A single conviction for a crime involving moral turpitude committed within five years of entry can also lead to deportation. Non-citizens facing felony charges should treat the immigration side of the case as part of the core defense strategy, not an afterthought.
Clearing a Felony Record
Pennsylvania offers two ways to reduce the long-term weight of a felony record, and the options have expanded in recent years. Expungement erases a conviction from public records. Record-sealing hides it from most background checks while keeping it accessible to law enforcement and certain government agencies.
Expungement and Pardons
Full expungement of a felony conviction is available only in narrow circumstances. A person aged 70 or older who has been free from arrest or prosecution for at least ten years after completing their sentence (including supervision) can apply. A governor’s pardon also makes a conviction eligible for expungement. The pardon process runs through the Pennsylvania Board of Pardons, which must vote by majority to recommend clemency before the governor can act. The process typically takes several years.18Commonwealth of Pennsylvania. Clemency Process Overview
Record-Sealing Under Clean Slate
Pennsylvania’s Clean Slate law has gone through multiple expansions since it was first enacted in 2018. The original version (Act 56 of 2018) automatically sealed certain non-violent misdemeanor convictions after ten years without a new misdemeanor or felony conviction. It did not cover felonies at all. Clean Slate 3.0 (Act 36 of 2023) expanded automatic sealing to include less serious drug felonies after ten years without any new convictions. Property-related felonies like theft can also be sealed after ten years, but only by filing a petition with the court rather than through the automatic process.19Montgomery County, PA. Expungements and Clean Slate
Sealed records remain visible to law enforcement, prosecutors, and certain government agencies, but they are hidden from standard employer and landlord background checks. For a person who has stayed out of trouble for a decade, sealing can meaningfully open access to jobs and housing.