Misdemeanor Not Subclassified
In Pennsylvania, some offenses are unclassified misdemeanors and do not have assigned degrees.
The penalties for misdemeanors that are not sub-classified are set apart from misdemeanors of the first, second and third degrees.
What A Non-Classified Misdemeanor Means
Some crimes that can draw a non-classified misdemeanor:
- Manufacture, sale and delivery of an unadulterated drug
- Illegal pharmacy operations
In Pennsylvania, crimes that fall under a non-classified misdemeanor each have their own sentences.
Grading A Sentence
Several factors play a role in determining the sentence for a misdemeanor.
Under Pennsylvania Sentencing Guidelines, every offense is assigned an Offense Gravity Score (OGS). The OGS is represented by a number and the more serious the offense is, the higher the OGS.
The judge who sentences you will take into account a calculation based on the OGS and, if you have one, your prior criminal record. The lower your OGS and the fewer your prior convictions, the shorter your guideline sentence.
Pennsylvania trial judges do have broad discretion in sentencing, and they can sentence you to alternatives such as community service or probation.
Mandatory Minimum Sentences
In Pennsylvania, some crimes carry mandatory minimum sentences. This means a judge has to sentence you to at least the number of years in prison specified by the law and no fewer, even if there are mitigating factors.
How A Lawyer Can Help
Your lawyer can fully explain your charges and prepare an effective defense. They will work with you to determine your best course of action.
Pennsylvania Offense Classes and Gravity Scores
Offense classes and gravity scores are defined under The Pennsylvania Criminal Code under Title 204, Chapter 303. Read the code here.
Questions? Contact us today.
If you are charged with a misdemeanor offense, you face tough punishment dealt out by the Pennsylvania courts. Fienman Defense has the skills and experience to help you avoid the harshest penalties.