Common Pennsylvania Offenses

Everyone makes mistakes. The following is a list of some of the most common misdemeanors and felonies seen in the courtroom. A brief description of the elements of each offense is attached.

Driving on a Suspended License

Quite mistakenly, people believe that driving after their license has been revoked is a minor matter. Quite the opposite. Often, a license has been revoked by Order of the Court. As such, when you drive on a suspended license, you are perceived as thumbing your nose at the judicial system. Simply put, Judges don't like that.

To be convicted of driving on a suspended license the prosecution must only show that (1) you were operated a motor vehicle on the public roads of the Commonwealth of Pennsylvania and (2) that your license was suspended by order of the DMV or the Court and (3) that you knew it. While the third element may seem harder to prove, do not be fooled. The law defines "knew it" in a different way than the everyday person. "To know" in legal terms is to have actual or constructive notice of the fact. Actual would be a deputy handing you a notice suspension or a Judge telling you that you couldn't drive. Constructive notice is the tricky one. It says that whether or not you have actual notice, you are legally presumed to know. This also translates into if you reasonably should have known something, then legally, you knew it. Therefore, when the DMV mails a suspension notice for failure to pay fines to your address of record (whether or not you've moved), you are presumed to know that you are suspension.

Driving on a suspended license is a misdemeanor in Pennsylvania. Generally it is a lower misdemeanor and punishable with up to six months in jail and fines. The more often you get caught driving on a suspended license, the more time you will spend in jail. In addition, your license is usually suspended consecutive to the current suspension.

DUI

One of the most common crimes we see in the courtroom is that of driving under the influence.

To be convicted of a DUI, the Commonwealth (prosecution) must show that (1) you were operating a motor vehicle on the roads of the Commonwealth of Pennsylvania, (2) you were under the influence of alcohol or a controlled substance, and (3) such that it impaired your ability to drive.

If you are pulled over by an officer and asked to take a breath test, the officer is actually looking for probable cause to see if you are driving under the influence. In order to pull you over, the officer need only have "reasonable suspicion" that a traffic or criminal violation is taking place (it used to be probable cause, no longer) Should the officer suspect you were drinking or otherwise under the influence, the Implied Consent law requires you to submit to the breath test, or even a urine test or blood test if the officer decides to make you take one. A preliminary breath test is not admissible as proof of your BAC, but is used to establish probable cause for arrest and subsequent testing.

In trial, if your blood alcohol content (BAC) is .08% or higher, there is a rebuttable presumption that you were too impaired to drive. A rebuttable presumption means that, once the prosecution asserts the fact of a .08% BAC, the Judge or Jury must believe it is true unless you can show otherwise. (e.g. you only swerved your car because it was raining, dark and a deer ran in your path)

Punishment for a DUI can range from suspended jail time and probation to mandatory jail, heavy fines, alcohol counseling and other conditions. The insurance ramifications of a DUI are staggering. One Judge has estimated that in the long run, a DUI can cost a person up to $25,000. In all convictions for DUI your driver's license is suspended for at least one year. Multiple DUI convictions lead to felony charges, serious jail time and indefinite license suspension.

Click here for a table of various Pennsylvania DUI punishments.

Possession of Marijuana

Marijuana is an illegal controlled substance. It generally receives lighter punishments than other controlled substances. However, unlike some states medical use of marijuana is not permitted. To prove possession of marijuana the Commonwealth must prove beyond a reasonable doubt that you (1) knowingly and deliberately/intentionally possessed marijuana, (2) you knew it was an illegal controlled substance. Possession may be actual or constructive (see driving suspended. Constructive possession for drugs usually entails proof that you knew where it was and were physically close enough to exercise control over it. At trial, a toxicologist is usually called to verify that the marijuana actually was marijuana. He or she will testify to their expert qualifications, method of testing, and the conclusions they reached.

Punishment for possession of marijuana varies with the amount. Less than 30g is a misdemeanor punishable by up to 30 days and a $500 fine; more than 30g is a misdemeanor punishable by up to 1 year and a $5000 fine. It is possible for first offenders to receive probation which, if completed successfully, is not reflected on their criminal record. Second and subsequent convictions are double the punishment.

The cultivation and sale of marijuana is treated differently and, depending on the amount, can be a misdemeanor or felony and punishable from 30 days to 10 years.

Possession of other Controlled Substances

Possession of other Controlled Substances is subject to the same proof as possession of marijuana but the penalties are harsher. For example, heroin, Cocaine, LSD/Acid, Ecstasy/MMDA, Meth, and prescription drugs including Vicodin and Oxycontin or illegal steroids are punishable:

  • Up to one year in prison, and/or a $5,000 fine first (1st) offense
  • Up to two years in prison for a second (2nd) offense
  • Up to three years in prison for a third (3rd) offense

The categories and penalties for manufacturing, delivering or intending to deliver controlled substances are all relative to the specific drug. Most substances are categorized by the federal drug Schedule (I-V) classifications.

The penalties for Possession with intent to Deliver or Manufacture a Controlled Substance (sale, delivery or distribution) in PA are:

  • For a Schedule I or II drug (narcotic, e.g. Heroin) - up to 15 years in prison and up to a $250,000 fine.
  • For phencyclidines (PCP), methamphetamines (Meth), cocoa (Cocaine) and its derivatives, or Marijuana in excess of 1,000 pounds - up to 10 years in prison and/or a $100,000 fine.
  • For any other Schedule I, II or III drug not included above - up to 5 years in prison and a up to a $15,000 fine.
  • For a Schedule IV drug - up to 3 years in prison and up to a $10,000 fine.
  • For a Schedule V - up to 1 year in prison and up to a $1,000 fine.

Depending on the charges, you can also face separate Federal penalties for drug distribution, sale, or trafficking.

Any above penalty may be doubled or tripled if you are also charged with distributing controlled substances in a school zone, or distributing to a minor/person under 21 years of age.

Simple Assault

Simple assault or brawl? The context of the fight or interaction dictates the level of misdemeanor charged for this common offense. A person is guilty of assault if the Commonwealth proves beyond a reasonable doubt that the person (1) attempted to or did cause bodily injury to another, (2) negligently causes bodily injury to another with a deadly weapon, or (3) attempts by physical menace to put another in fear of imminent serious bodily injury. This last component involves an objective standard by which the court must decide whether the victim's fear was reasonable in light of the circumstances.

Simple assault is a misdemeanor of the second degree unless committed in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or 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.