Classifications for misdemeanors are set by state penal codes. A misdemeanor of the first degree is punishable by up to five years in jail, so a conviction of a first degree misdemeanor would prohibit a person from possessing a firearm under Federal law. And Suarez was denied for the guilty plea to misdemeanor in Maryland (unlawfully carrying a handgun without a license) under 18 USC §921(g)(1) as modified by 18 USC §921(a)(20)(B). However, certain crimes, like DUIs, have mandatory minimums associated with them, which means that the court must impose a minimum sentence level. Under Pennsylvania Criminal Laws, crimes and penalties are categorized as either Felonies or Misdemeanors, with 3 subclasses of each. Felony 2: Up to 10 years in prison; Felony 3: Up to 7 years in prison. There was no pardon or expungement. For some crimes, if it is the second or third offense of the same nature, the level of misdemeanor can be increased. --Simple assault is a misdemeanor of the second degree unless committed: (1) in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or (2) against a child under 12 years of age by an adult 21 years of age or older, in which case it is a misdemeanor of the first degree. The state may also categorize it by the amount of damage or injury caused by the crime. States have been looking at misdemeanor sentencing and penalties for violations as the focus of legislation has expanded beyond felony penalties and sentencing. For example, a state may divide misdemeanor crimes into levels, such as Class 1 or A, 2 or B, 3 or C, and so on. In the state of Pennsylvania, misdemeanors refer to serious infractions such as crimes that can land a person in jail for at least a year. Classifications for Misdemeanors by State. Misdemeanor crimes in Pennsylvania, including their associated penalties, are outlined extensively under the Commonwealth’s legal statutes. Felonies and Misdemeanors Difference between Felonies and Misdemeanors in Pennsylvania. Felonies are broken into Felony 1 (F1), Felony 2 (F2), Felony 3 (F3), and likewise, Misdemeanor 1 (M1), Misdemeanor 2 (M2), and Misdemeanor 3 (M3), and there is also a category of Summary Offenses. This can be either a local jail or a high-security facility based on the seriousness of the misdemeanor. States have recognized the need to make changes to lower level offenses as well. Although a third-degree misdemeanor is considered the least serious misdemeanor, it is still categorized as a criminal offense, and thus carries with it significant legal and collateral consequences. Here are a few examples of misdemeanors in Pennsylvania, broken down by class. In 2009, both Binderup and Suarez successfully petitioned the Pennsylvania courts to have their prohibitions set aside. Highest tier, second offense DUI convictions in Pennsylvania are first degree misdemeanors and thereby trigger the firearm prohibition. In Pennsylvania, misdemeanor offenses can be ungraded or categorized as a misdemeanor of the third, second, or first degree. Alabama, Arkansas, Illinois, Kentucky, Missouri, Tennessee, Pennsylvania, and Texas use a series of letters to classify misdemeanors including Class A, Class B, and Class C. Class A misdemeanors are the highest level of misdemeanors. Class 2 Misdemeanor Penalties The maximum punishments for class 2 misdemeanors include up to four months in jail and fines that cannot exceed $750. This 50-state chart has information on maximum penalties and fines for misdemeanors. 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