• A crime is a felony of the first degree if the maximum punishment is more than ten years.
  
  
• A crime is a felony of the second degree if the maximum punishment is less than ten years.
  
  
• A crime is a felony of the third degree if the maximum punishment is not more than seven years.
  
  
• A crime declared to be a felony but otherwise undefined as to degree constitutes a felony of the third degree.
  
  
• A crime is a misdemeanor of the first degree if the maximum punishment is not more than five years.
  
  
• A crime is a misdemeanor of the second degree if the maximum punishment is not more than two years.
  
  
• A crime is a misdemeanor of the third degree if the maximum punishment is not more than one year.
  
  
• A crime declared to be a misdemeanor but otherwise undefined as to degree constitutes a misdemeanor of the third degree.
  
  
• A summary Offense is designated as such, or one where the maximum punishment is not more than 90 days.
  
  
• Any offense declared to be a crime but not otherwise specified as to class is a misdemeanor of the second degree, provided the maximum sentence would not otherwise constitute a felony.
  
  
• When a crime carries a maximum sentence of five years or more, it is classed as a felony.
  
  
• When a crime carries a maximum sentence of less than five years, it is classed as a misdemeanor.

Source: 18 PaCSA 106

NOTE: The above information is not intended to be a substitute for legal advice or representation. Consult an attorney if you have questions about how this information relates to your specific situation or circumstance.