Skip to content

WHAT EACH CHARGE CARRIES

22 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. Pennsylvania grades a crime as a felony or misdemeanor of the first, second or third degree, with the summary offense below them, and fixes each grade's longest term and largest fine, so each level here names its grade and that range.

22 charges

Theft by unlawful taking

M3 to F2 · up to Up to 10 years

Also searched as stealing, larceny, took something

Unlawfully taking, or exercising unlawful control over, another's movable property with intent to deprive the owner of it.

Grade and maximums for Theft by unlawful taking
GradeUp toWhen
M3Misdemeanor of the third degreeUp to 1 year$2,500 fineWhenLess than $50, not from the person or by threat
M2Misdemeanor of the second degreeUp to 2 years$5,000 fineWhen$50 or more but less than $200
M1Misdemeanor of the first degreeUp to 5 years$10,000 fineWhen$200 up to $2,000, or less taken from the person or by threat
F3Felony of the third degreeUp to 7 years$15,000 fineWhenMore than $2,000, or a car, motorcycle, boat or other motor vehicle
F2Felony of the second degreeUp to 10 years$25,000 fineWhenA firearm, or $100,000 or more but less than $500,000

Retail theft

SUMMARY to F3 · up to Up to 7 years

Also searched as shoplifting, stealing from a store

Taking merchandise from a store without paying for it, among the other ways the section lists.

Grade and maximums for Retail theft
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$300, unless a higher fine is set fineWhenA first offense, under $150
M2Misdemeanor of the second degreeUp to 2 years$5,000 fineWhenA second offense, under $150
M1Misdemeanor of the first degreeUp to 5 years$10,000 fineWhenA first or second offense, $150 or more
F3Felony of the third degreeUp to 7 years$15,000 fineWhenA third or later offense, more than $1,000, or a firearm or motor vehicle

A peace officer or merchant with probable cause may detain a specific person in a reasonable manner for a reasonable time.

Possession of a controlled substance

MISD · up to Set by the act

Also searched as drug possession, small amount of marijuana, paraphernalia, weed

Knowingly or intentionally possessing a controlled substance without a valid prescription or other authorization under the act.

Grade and maximums for Possession of a controlled substance
GradeUp toWhen
MISDMisdemeanor graded by the drug actSet by the act$500 fineWhenA small amount of marijuana for personal use, 30 grams or 8 grams of hashish: up to thirty days
MISDMisdemeanor graded by the drug actSet by the act$2,500 fineWhenUsing or possessing drug paraphernalia: up to one year
MISDMisdemeanor graded by the drug actSet by the act$5,000 fineWhenA controlled substance the possession clause covers: up to one year

A prior conviction raises the possession penalty. Delivery and possession with intent to deliver carry heavier penalties not set out here.

Disorderly conduct

SUMMARY to M3 · up to Up to 1 year

Also searched as disturbing the peace, unreasonable noise, fighting, obscene gesture

Intending to cause public inconvenience, annoyance or alarm, or recklessly risking it: fighting, threatening or violent behavior, unreasonable noise, obscene language or gestures, or a hazardous condition serving no legitimate purpose.

Grade and maximums for Disorderly conduct
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$300, unless a higher fine is set fineWhenOtherwise
M3Misdemeanor of the third degreeUp to 1 year$2,500 fineWhenIntending substantial harm or serious inconvenience, or persisting after a reasonable warning or request to stop

Failure to disperse

M2 · up to Up to 2 years

Also searched as refused to leave, order to disperse, crowd

Refusing or knowingly failing to obey an officer's order to disperse, given where three or more people are engaged in disorderly conduct likely to cause substantial harm or serious inconvenience.

Grade and maximums for Failure to disperse
GradeUp toWhen
M2Misdemeanor of the second degreeUp to 2 years$5,000 fineWhenThe ordinary case

Public drunkenness

SUMMARY · up to Up to 90 days

Also searched as drunk in public, public intoxication

Appearing in a public place manifestly under the influence of alcohol or a controlled substance not lawfully prescribed, to the degree of endangering oneself, others or property, or annoying people nearby.

Grade and maximums for Public drunkenness
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$500 fineWhenA first violation
SUMMARYSummary offenseUp to 90 days$1,000 fineWhenA second or later violation

Resisting arrest

M2 · up to Up to 2 years

Also searched as resisting, fighting the officer, pulled away

Meaning to prevent a lawful arrest or another duty, creating a substantial risk of bodily injury, or using means that justify or require substantial force to overcome.

Grade and maximums for Resisting arrest
GradeUp toWhen
M2Misdemeanor of the second degreeUp to 2 years$5,000 fineWhenThe ordinary case

Fleeing or attempting to elude a police officer

M2 to F3 · up to Up to 7 years

Also searched as fleeing, car chase, did not pull over, eluding

Willfully failing or refusing to bring the vehicle to a stop, or fleeing or trying to elude a pursuing police officer, after a visual and audible signal to stop.

Grade and maximums for Fleeing or attempting to elude a police officer
GradeUp toWhen
M2Misdemeanor of the second degreeUp to 2 years$5,000, and an additional $500 fineWhenIn general
F3Felony of the third degreeUp to 7 years$15,000 fineWhenWhile driving under the influence, crossing a state line, or endangering an officer or the public in a high speed chase

False identification to law enforcement

M3 · up to Up to 1 year

Also searched as false name, lying about my name, fake ID to police

Giving law enforcement false information about one's identity after an officer in uniform, or who has identified as an officer, has said the person is the subject of an official investigation.

Grade and maximums for False identification to law enforcement
GradeUp toWhen
M3Misdemeanor of the third degreeUp to 1 year$2,500 fineWhenThe ordinary case

Criminal mischief

SUMMARY to F3 · up to Up to 7 years

Also searched as vandalism, graffiti, property damage

Intentionally damaging another's property, tampering with it so as to endanger people or property, causing a loss by deception or threat, or defacing it with graffiti.

Grade and maximums for Criminal mischief
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$300, unless a higher fine is set fineWhenOtherwise
M3Misdemeanor of the third degreeUp to 1 year$2,500 fineWhenMore than $500, or more than $150 by graffiti
M2Misdemeanor of the second degreeUp to 2 years$5,000 fineWhenIntentionally more than $1,000
F3Felony of the third degreeUp to 7 years$15,000 fineWhenIntentionally more than $5,000, or a substantial interruption of a public service

Driving while operating privilege is suspended

SUMMARY to M3 · up to Up to 1 year

Also searched as driving on a suspended license, DUS, revoked license

Driving on a highway or trafficway after a suspension, revocation or cancellation has begun and before the privilege is restored.

Grade and maximums for Driving while operating privilege is suspended
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$200 fineWhenThe ordinary case
SUMMARYSummary offenseUp to 90 days$500 fineWhenA suspension for DUI or a refusal, a first violation: 60 days
SUMMARYSummary offenseUp to 90 days$1,000 fineWhenA suspension for DUI or a refusal, a second violation: 90 days
M3Misdemeanor of the third degreeUp to 1 year$2,500 fineWhenA suspension for DUI or a refusal, a third or later violation: not less than six months

Alcohol of .02% or more, or a listed controlled substance, in the blood during a DUI or refusal suspension raises every step. On a conviction the department adds a one-year suspension, or a two-year revocation.

Purchase, consumption or possession by a minor

SUMMARY · up to Up to 90 days

Also searched as underage drinking, MIP, minor in possession

A person under 21 attempting to purchase, purchasing, consuming, possessing or knowingly and intentionally transporting liquor or beer.

Grade and maximums for Purchase, consumption or possession by a minor
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$500 fineWhenA first violation
SUMMARYSummary offenseUp to 90 days$1,000 fineWhenA second or later violation

The police department making the arrest notifies the minor's parents or guardian.

Criminal trespass and defiant trespass

SUMMARY to F2 · up to Up to 10 years

Also searched as trespassing, refused to leave, breaking in, purple paint

Knowing there is no right to be there, entering or staying in a building, or where notice against trespass was given.

Grade and maximums for Criminal trespass and defiant trespass
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$300, unless a higher fine is set fineWhenEntering or staying where notice against trespass was given, otherwise
M3Misdemeanor of the third degreeUp to 1 year$2,500 fineWhenDefying an order to leave given in person by the owner or another authorized person
F3Felony of the third degreeUp to 7 years$15,000 fineWhenEntering, getting in by a trick, or secretly staying in a building or occupied structure
F2Felony of the second degreeUp to 10 years$25,000 fineWhenBreaking into a building or occupied structure

It is a defense that the building was abandoned, that the premises were open to the public and every lawful condition was met, or that the person reasonably believed the owner would have allowed it.

Simple and aggravated assault

M3 to F1 · up to Up to 20 years

Also searched as assault, hit someone, fight, aggravated assault

Attempting to cause, or intentionally, knowingly or recklessly causing, bodily injury to another, among the other forms the sections list.

Grade and maximums for Simple and aggravated assault
GradeUp toWhen
M3Misdemeanor of the third degreeUp to 1 year$2,500 fineWhenSimple assault in a fight or scuffle entered into by mutual consent
M2Misdemeanor of the second degreeUp to 2 years$5,000 fineWhenSimple assault, generally
M1Misdemeanor of the first degreeUp to 5 years$10,000 fineWhenSimple assault against a child under 12 by a person 18 or older
F2Felony of the second degreeUp to 10 years$25,000 fineWhenAggravated assault: bodily injury with a deadly weapon, or to a police officer or another listed person in the performance of duty
F1Felony of the first degreeUp to 20 years$25,000 fineWhenAggravated assault: serious bodily injury, attempted or caused with extreme indifference to human life

Harassment

SUMMARY to M3 · up to Up to 1 year

Also searched as harassing, shoving, repeated calls, threatening messages

With intent to harass, annoy or alarm, physical contact or threatening it, following in public, a pointless course of conduct, or lewd, threatening, repeated or anonymous communications.

Grade and maximums for Harassment
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$300, unless a higher fine is set fineWhenPhysical contact, following, or a pointless course of conduct
M3Misdemeanor of the third degreeUp to 1 year$2,500 fineWhenLewd, threatening or obscene communications, or repeated communications

Stalking

M1 to F3 · up to Up to 7 years

Also searched as following someone, course of conduct

A course of conduct or repeated acts or communications toward another person, showing an intent to put them in reasonable fear of bodily injury or to cause substantial emotional distress.

Grade and maximums for Stalking
GradeUp toWhen
M1Misdemeanor of the first degreeUp to 5 years$10,000 fineWhenA first offense
F3Felony of the third degreeUp to 7 years$15,000 fineWhenA second offense, or a first after a conviction for a crime of violence against the same victim or family

Terroristic threats

M1 to F3 · up to Up to 7 years

Also searched as threats, bomb threat, threatened to hurt

Communicating a threat to commit a crime of violence with intent to terrorize, to cause an evacuation, or to cause serious public inconvenience.

Grade and maximums for Terroristic threats
GradeUp toWhen
M1Misdemeanor of the first degreeUp to 5 years$10,000 fineWhenThe ordinary case
F3Felony of the third degreeUp to 7 years$15,000 fineWhenThe threat diverts the occupants of a building, place of assembly or transportation facility from normal operations

Careless and reckless driving

SUMMARY · up to Up to 90 days

Also searched as careless driving, reckless driving, bad driving

Driving in careless disregard, or in willful or wanton disregard, for the safety of persons or property.

Grade and maximums for Careless and reckless driving
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$300, unless a higher fine is set fineWhenCareless driving
SUMMARYSummary offenseUp to 90 days$250 fineWhenCareless driving that unintentionally causes serious bodily injury
SUMMARYSummary offenseUp to 90 days$500 fineWhenCareless driving that unintentionally causes a death
SUMMARYSummary offenseUp to 90 days$200 fineWhenReckless driving

Interception of communications

F3 · up to Up to 7 years

Also searched as wiretapping, secret recording, recording a call, two party consent

Intentionally intercepting a wire, electronic or oral communication, or disclosing or using one knowing it was intercepted, without an exception such as the prior consent of every party.

Grade and maximums for Interception of communications
GradeUp toWhen
F3Felony of the third degreeUp to 7 years$15,000 fineWhenThe ordinary case

Carrying a firearm without a license

M1 to F3 · up to Up to 7 years

Also searched as carrying without a license, gun in the car, concealed carry

Carrying a firearm in any vehicle, or concealed on or about the person, outside one's home or fixed place of business, without a valid license.

Grade and maximums for Carrying a firearm without a license
GradeUp toWhen
M1Misdemeanor of the first degreeUp to 5 years$10,000 fineWhenA person otherwise eligible for a license who has committed no other criminal violation
F3Felony of the third degreeUp to 7 years$15,000 fineWhenOtherwise

Leaving the scene of an accident

SUMMARY to F2 · up to Up to 10 years

Also searched as hit and run, drove off after a crash, leaving the scene

Leaving an accident before meeting the duties to give information and render aid, or to find the owner or leave a note.

Grade and maximums for Leaving the scene of an accident
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$300 fineWhenDamage to an unattended vehicle or property
M3Misdemeanor of the third degreeUp to 1 year$2,500 fineWhenDamage to an attended vehicle or property
M1Misdemeanor of the first degreeUp to 5 years$10,000 fineWhenInjury
F3Felony of the third degreeUp to 7 years$15,000 fineWhenSerious bodily injury, with a minimum of 90 days
F2Felony of the second degreeUp to 10 years$25,000 fineWhenA death, with a minimum of three years

Open container

SUMMARY · up to Up to 90 days

Also searched as open bottle, drinking in the car, open beer

An operator or occupant of a motor vehicle on a highway possessing an open container of alcohol, drinking alcohol, or consuming a controlled substance in it.

Grade and maximums for Open container
GradeUp toWhen
SUMMARYSummary offenseUp to 90 days$300, unless a higher fine is set fineWhenThe ordinary case

Every grade on this page, for reference

Each range comes from the Crimes Code's sentencing sections. A crime called a felony without a degree is a felony of the third degree, and a fine can instead equal double the offender's gain.

  • SUMMARYSummary offenseUp to 90 days$300, unless a higher fine is set
  • MISDMisdemeanor graded by the drug actSet by the actSet by the act
  • M3Misdemeanor of the third degreeUp to 1 year$2,500
  • M2Misdemeanor of the second degreeUp to 2 years$5,000
  • M1Misdemeanor of the first degreeUp to 5 years$10,000
  • F3Felony of the third degreeUp to 7 years$15,000
  • F2Felony of the second degreeUp to 10 years$25,000
  • F1Felony of the first degreeUp to 20 years$25,000

Words on a charging document

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.

20 words

About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed Pennsylvania attorney can tell you what yours is. Current as of September 2026.