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 | Up to | When |
|---|---|---|
| M3Misdemeanor of the third degree | Up to 1 year$2,500 fine | WhenLess than $50, not from the person or by threat |
| M2Misdemeanor of the second degree | Up to 2 years$5,000 fine | When$50 or more but less than $200 |
| M1Misdemeanor of the first degree | Up to 5 years$10,000 fine | When$200 up to $2,000, or less taken from the person or by threat |
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenMore than $2,000, or a car, motorcycle, boat or other motor vehicle |
| F2Felony of the second degree | Up to 10 years$25,000 fine | WhenA 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$300, unless a higher fine is set fine | WhenA first offense, under $150 |
| M2Misdemeanor of the second degree | Up to 2 years$5,000 fine | WhenA second offense, under $150 |
| M1Misdemeanor of the first degree | Up to 5 years$10,000 fine | WhenA first or second offense, $150 or more |
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenA 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 | Up to | When |
|---|---|---|
| MISDMisdemeanor graded by the drug act | Set by the act$500 fine | WhenA small amount of marijuana for personal use, 30 grams or 8 grams of hashish: up to thirty days |
| MISDMisdemeanor graded by the drug act | Set by the act$2,500 fine | WhenUsing or possessing drug paraphernalia: up to one year |
| MISDMisdemeanor graded by the drug act | Set by the act$5,000 fine | WhenA 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$300, unless a higher fine is set fine | WhenOtherwise |
| M3Misdemeanor of the third degree | Up to 1 year$2,500 fine | WhenIntending 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 | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 2 years$5,000 fine | WhenThe 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$500 fine | WhenA first violation |
| SUMMARYSummary offense | Up to 90 days$1,000 fine | WhenA 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 | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 2 years$5,000 fine | WhenThe 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 | Up to | When |
|---|---|---|
| M2Misdemeanor of the second degree | Up to 2 years$5,000, and an additional $500 fine | WhenIn general |
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenWhile 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 | Up to | When |
|---|---|---|
| M3Misdemeanor of the third degree | Up to 1 year$2,500 fine | WhenThe 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$300, unless a higher fine is set fine | WhenOtherwise |
| M3Misdemeanor of the third degree | Up to 1 year$2,500 fine | WhenMore than $500, or more than $150 by graffiti |
| M2Misdemeanor of the second degree | Up to 2 years$5,000 fine | WhenIntentionally more than $1,000 |
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenIntentionally 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$200 fine | WhenThe ordinary case |
| SUMMARYSummary offense | Up to 90 days$500 fine | WhenA suspension for DUI or a refusal, a first violation: 60 days |
| SUMMARYSummary offense | Up to 90 days$1,000 fine | WhenA suspension for DUI or a refusal, a second violation: 90 days |
| M3Misdemeanor of the third degree | Up to 1 year$2,500 fine | WhenA 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$500 fine | WhenA first violation |
| SUMMARYSummary offense | Up to 90 days$1,000 fine | WhenA 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$300, unless a higher fine is set fine | WhenEntering or staying where notice against trespass was given, otherwise |
| M3Misdemeanor of the third degree | Up to 1 year$2,500 fine | WhenDefying an order to leave given in person by the owner or another authorized person |
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenEntering, getting in by a trick, or secretly staying in a building or occupied structure |
| F2Felony of the second degree | Up to 10 years$25,000 fine | WhenBreaking 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 | Up to | When |
|---|---|---|
| M3Misdemeanor of the third degree | Up to 1 year$2,500 fine | WhenSimple assault in a fight or scuffle entered into by mutual consent |
| M2Misdemeanor of the second degree | Up to 2 years$5,000 fine | WhenSimple assault, generally |
| M1Misdemeanor of the first degree | Up to 5 years$10,000 fine | WhenSimple assault against a child under 12 by a person 18 or older |
| F2Felony of the second degree | Up to 10 years$25,000 fine | WhenAggravated 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 degree | Up to 20 years$25,000 fine | WhenAggravated 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$300, unless a higher fine is set fine | WhenPhysical contact, following, or a pointless course of conduct |
| M3Misdemeanor of the third degree | Up to 1 year$2,500 fine | WhenLewd, 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 | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 5 years$10,000 fine | WhenA first offense |
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenA 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 | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 5 years$10,000 fine | WhenThe ordinary case |
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenThe 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$300, unless a higher fine is set fine | WhenCareless driving |
| SUMMARYSummary offense | Up to 90 days$250 fine | WhenCareless driving that unintentionally causes serious bodily injury |
| SUMMARYSummary offense | Up to 90 days$500 fine | WhenCareless driving that unintentionally causes a death |
| SUMMARYSummary offense | Up to 90 days$200 fine | WhenReckless 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 | Up to | When |
|---|---|---|
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenThe 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 | Up to | When |
|---|---|---|
| M1Misdemeanor of the first degree | Up to 5 years$10,000 fine | WhenA person otherwise eligible for a license who has committed no other criminal violation |
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenOtherwise |
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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$300 fine | WhenDamage to an unattended vehicle or property |
| M3Misdemeanor of the third degree | Up to 1 year$2,500 fine | WhenDamage to an attended vehicle or property |
| M1Misdemeanor of the first degree | Up to 5 years$10,000 fine | WhenInjury |
| F3Felony of the third degree | Up to 7 years$15,000 fine | WhenSerious bodily injury, with a minimum of 90 days |
| F2Felony of the second degree | Up to 10 years$25,000 fine | WhenA 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 | Up to | When |
|---|---|---|
| SUMMARYSummary offense | Up to 90 days$300, unless a higher fine is set fine | WhenThe 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
- Aggravated hazingHazing that results in serious bodily injury or death, where the person acts with reckless indifference to the health and safety of the minor or student, or forces the consumption of alcohol or a drug. It is a felony of the third degree.
- Careless drivingDriving in careless disregard for the safety of persons or property, a summary offense.
- ConcealmentIntentionally concealing unpurchased merchandise, in the store or outside it. It is presumed to be done with the intent to deprive the merchant of the merchandise without paying full retail value.
- Course of conductMore than one act over a period of time, however short; harassment and stalking are both built on it.
- Criminal mischiefIntentionally damaging another's property, tampering with it so as to endanger people or property, causing a financial loss by deception or threat, or defacing it with graffiti.
- Dangerous dogA dog a district judge finds, beyond a reasonable doubt, inflicted severe injury on a person or killed or severely injured a domestic animal without provocation, attacked a person without provocation, was used in a crime, or has a history of unprovoked attacks.
- Duty to retreatThe rule that deadly force is not justifiable if the actor knows the need for it can be avoided with complete safety by retreating. There is no duty to retreat from one's dwelling or place of work, apart from the exceptions the section sets.
- ExpungementRemoving a record. An acquittal of all charges is expunged automatically, and a summary offense may be expunged on petition after five years free of arrest or prosecution.
- Fleeing or eludingNot stopping for a police officer's visual and audible signal to stop, a misdemeanor of the second degree with an additional fine of $500.
- HazingIntentionally, knowingly or recklessly causing, coercing or forcing a minor or student, to initiate them into or keep them in an organization, to break the law, consume a harmful substance, or endure physical, mental or sexual brutality.
- Limited accessA record disseminated only to a criminal justice agency, apart from the exceptions the law lists. Clean slate limits access to some records without a petition, after the waiting periods the law sets.
- Merchant detentionA peace officer, merchant, employee or contracted agent with probable cause may detain a retail theft suspect in a reasonable manner for a reasonable time to identify them, recover merchandise and inform the police.
- Misdemeanor of the third degreeThe lowest misdemeanor grade, punishable by up to 1 year in prison and a fine of up to $2,500.
- Period of limitationThe time within which a prosecution has to be commenced: two years after the offense as the general rule, five years for the major offenses the section lists, and 12 years for major sexual offenses unless no limit applies.
- Resisting arrestMeaning 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, a misdemeanor of the second degree.
- Retail theftTheft from a store, graded by value and history: a first offense under $150 is a summary offense, and a third or later offense, or more than $1,000, is a felony of the third degree.
- Simple assaultAttempting to cause, or intentionally, knowingly or recklessly causing, bodily injury to another, or putting another in fear of imminent serious bodily injury by physical menace; generally a misdemeanor of the second degree.
- Small amount of marijuanaThirty grams of marijuana or eight grams of hashish. Possessing a small amount only for personal use is a misdemeanor punishable by up to thirty days, a fine of up to $500, or both.
- Summary offenseThe lowest grade of offense, punishable by not more than 90 days, with a fine of up to $300 unless a higher fine is set.
- Terroristic threatsCommunicating, directly or indirectly, a threat to commit a crime of violence with intent to terrorize another, or to cause an evacuation or serious public inconvenience.
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.