As a Pennsylvania criminal defense lawyer and Delaware County criminal defense lawyer located in Boothwyn, Michael T. Malarick, Esq, handles matters involving summary offenses, misdemeanors, and felonies. Contact our Delaware County criminal defense lawyer today for a free initial consultation.
Michael T. Malarick is an experienced Delaware County criminal defense lawyer located in Boothwyn, PA. With over 25 years of experience, the law office of Michael T. Malarick handles criminal law cases in and around Delaware County, Boothwyn, Philadelphia, Upper Darby, Drexel Hill, Springfield, Aston, and more. Call for a free initial consultation on criminal law cases today.
What is a Summary Offense
A summary offense is a minor crime initially heard in the Magisterial District Justice court. Some examples of a summary offense are traffic violations such as citations for speeding, disregard of red light or stop sign, and illegal parking. Other examples of a summary offense are disorderly conduct, underage drinking, harassment, criminal mischief and first offense shoplifting. The maximum penalty for a summary offense is up to 90 days in jail and up to a $300 fine.
What is a Misdemeanor
A misdemeanor is a less severe crime. Misdemeanors are designated by three classifications. A Class One misdemeanor carries a sentence of up to 5 years in state prison and no more than a $10,000 fine. Examples of Class One misdemeanors include simple assault, terroristic threats, or assault on a sports official. A Class Two misdemeanor carries a sentence of up to 2 years in state prison and no more than a $5,000 fine. Examples of Class Two misdemeanors are retail theft or shoplifting, fraud, writing bad checks, or false swearing to officials. A Class Three misdemeanor carries a sentence of up to 1 year in state prison or county jail and not more than a $2,500 fine. Examples of Class Three misdemeanors are petty theft, disorderly conduct, or loitering.
What is a Felony
Felonies are the most serious crimes. Felonies are classified into three degrees. First Degree felonies carry a sentence of not more than 20 years in prison and up to a $25,000 fine. Examples of First Degree felonies would be rape or arson. Second Degree felonies carry a sentence of not more than 10 years in prison and up to a $25,00 fine. Examples of Second Degree felonies are statutory sexual assault and burglary. Third Degree felonies carry a sentence of not more than 7 years in prison and up to a $15,000 fine. Examples of Third Degree felonies are carrying a gun without a permit and terroristic threats where occupants of a building or public transportation are diverted from their normal operation.
For certain summary offenses, misdemeanors, or felonies, mandatory minimum penalties may also be imposed.
DUI & DWI in Delaware County, PA
The Law Office of Michael T. Malarick has helped many clients facing drunk driving charges as a Delaware County DUI attorney. Michael Malarick helps clients with first offense, second offense, and third offense DUI charges. When facing a DWI charge, it is important to remain calm, gather any necessary documents, and seek assistance from a licensed attorney. We are here to help. Call our Delaware County criminal defense lawyer today for a free consultation.
Expungement – Delaware County PA Criminal Defense Attorney
In Pennsylvania, criminal history record information may be expunged or erased for certain criminal offenses. Those eligible for expungement include an individual with a summary offense who has been free of arrest or conviction for 5 years following that summary offense. Others eligible for expungement include instances where a court order requires that such non-conviction data be expunged, or an individual 70 years old and free of arrest or prosecution for 10 years following their final release from confinement. An individual who has been dead for three years may be eligible for expungement. Finally, where no disposition has been received or upon request for a criminal history record information no disposition has been recorded in the state police central repository within 18 months after the date of arrest and the court certifies to the repository that no information is available and no action is pending an arrest record may be expunged.
Driver’s License Suspension
A Pennsylvania driver may have their driver’s license suspended or revoked for a number of reasons. Among these reasons are driving under the influence of drug or alcohol, refusing to submit to a chemical test of blood, breath, or urine when stopped for DUI, accumulating too many points on your driver’s license, committing a felony or homicide with a vehicle, fleeing a police officer, driving with a suspended or revoked license, violating insurance laws, or reckless driving.
A driver under 18 years old who accumulates 6 points or exceeds the speed limit by 26 MPH or more will receive a 90 day suspension for the first offense and an additional 120 day suspension for the second offense.
A driver over 18 years old who accumulates 6 points must pass a written exam within 30 days (which will remove 2 points) or the license is suspended until the test is passed. A second accumulation of 6 points results in a Penn DOT hearing with a possible 15 day suspension and on-road driving test. Failure to appear at the hearing will result in a 60 day suspension. A third accumulation of 6 points results in a mandatory Penn DOT hearing with a possible 30 day suspension. Failure to appear at this hearing results in a suspension until you appear at the hearing. Exorbitant speeding (31 MPH above the speed limit) results in a mandatory hearing with a possible 15 day suspension, an on-road test, and 5 additional points. Again, failure to appear at this hearing results in a 60 day suspension.
The PA Motor Vehicle Code defines reckless driving as driving a vehicle in willful or wanton disregard for the safety of persons or property. Conviction results in a major violation on your driving record, no limited work license, a 6 months suspension, and a $200 fine.
If you face a question of a license suspension due to traffic violations or any other reasons, a criminal defense lawyer may thoroughly assess your concerns.
Other Areas of Practice
- Delaware County Juvenile Lawyer
- Delaware County Child Custody Attorney
- Delaware County Chapter 7 Bankruptcy Lawyer