Crime and Punishment

The vast majority of our clients have little occasion to come into contact with the criminal justice system, and those who do generally are involved in minor matters known as summary offenses.

With Congress gearing up for the impeachment inquiry of the President, we are hearing the phrase “high crimes and misdemeanors” bandied about on an almost daily basis. The phrase is used in the Constitution, but little guidance is provided as to its meaning. Perhaps we can help.

In the Commonwealth of Pennsylvania, crimes are divided into four distinct categories:

• Murders
• Felonies
• Misdemeanors
• Summary offenses

Murders, felonies and misdemeanors are each further divided into three degrees, first, second and third. Generally, the more heinous the crime, the higher the degree assigned to it. Along similar lines, the punishment for each crime increases correspondingly.

Let’s look at an example. The crime of disorderly conduct (shouting public obscenities late at night for example) is generally considered a summary offense. A violator is typically issued a citation and ordered to pay a fine. A judge can sentence a disorderly offender to a term of prison not to exceed 90 days, however.

At the other end of the spectrum is the crime of murder, with first degree murder exemplified by the crime of intentional premeditated killing. The penalty for a conviction is a minimum of life in prison, with the possibility of the death penalty.

Between these two extremes are the felonies and misdemeanors. Felonies are very serious criminal offenses which include crimes like rape, robbery, violent assaults, major thefts and the like. Most crimes involving violence are felonies. Misdemeanors are somewhat less serious crimes typified by matters such as petty theft, destruction of property and so on. The line between misdemeanors and felonies can be blurred since conduct can fall into either category depending upon the amount in controversy or the value of the damage done by the defendant. Certain thefts become felonies when the amount involved exceeds a pre-set threshold amount.

Once a criminal offense is categorized as a summary offense, misdemeanor, felony or murder, the maximum penalties can be determined. The following chart shows the maximum penalty for each crime indicated, not including any fine which might be levied: