In Pennsylvania, a summary offense is:
- a criminal offense,
- goes on your record,
- can be fought, and
- can be expunged under certain circumstances
The police generally write a citation for a summary in PA. If you don’t respond by pleading guilty or showing up for court, the judge will issue an arrest warrant for you. It doesn’t just go away.
Summary offenses include charges such as:
- harassment
- open container
- simple trespass
- underage drinking
- first offense retail theft
- disorderly conduct
- and many more
A summary under the Crimes Code is different than a traffic ticket. A conviction for a summary offense under the crimes code can include jail time. It carries a punishment of a maximum jail sentence of no more than ninety (90) days. However, in most cases a summary offense will carry no jail time but will require an individual to pay a fine. That is not to say that an individual should take a summary offense lightly. A summary offense can have lasting consequences on one’s criminal record or consequences in the job world, not just on their liberty.
Is a summary offense the same as a misdemeanor?
No. A summary is not the same as a misdemeanor in Pennsylvania. A summary is considered a lesser or lower crime than a misdemeanor. In fact, a misdemeanor has three different degrees in Pennsylvania.
A misdemeanor of the first degree may carry a sentence of imprisonment not more than five years in prison. Next, a misdemeanor of the second degree may carry a term of imprisonment the maximum of which is not more than two years in prison. Lastly, a misdemeanor of the third degree may carry a term of imprisonment the maximum of which is not more than one year in jail. For more information on the classification of offenses see the statute: 18 Pa.C.S.A. § 106.
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