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Your Harrisburg Criminal Defense Attorney
Nothing about a criminal charge in Harrisburg is small to the person facing it. Pennsylvania law gives you fixed reference points, from how a charge is graded to when a trial must start to what can eventually come off a record. Below you will find the key deadlines at a glance, how charges are graded, what Rule 600 really does, where a case is heard, and how expungement and limited access differ. Talking with an attorney who knows Dauphin County practice can turn these general rules into a plan for your case.
Your Key Pennsylvania Rules in One Place
- General limit on prosecution: 2 years from the offense (42 Pa.C.S. § 5552(a)), extended to 5 or 12 years for specific offenses and removed entirely for murder.
- Speedy trial: 365 days under Rule 600, counted from the complaint, but only delay caused by the Commonwealth’s lack of diligence is counted against it.
- If you are in custody, the limit is 180 days from the complaint (Rule 600(B)). After that a motion for release on nominal bail is available, except where bail is not allowed.
- Every charge has a grade: felony of the first, second, or third degree, misdemeanor of the first, second, or third degree, or summary offense (18 Pa.C.S. § 106). The grade caps the penalty.
- Cleaning up a record means choosing among expungement, Clean Slate limited access, and a petition for limited access, which differ in waiting time and effect (18 Pa.C.S. §§ 9122 to 9122.2).
What Do the Degrees of Felony and Misdemeanor Mean?
Under 18 Pa.C.S. § 106, every crime falls into a class: three degrees of felony, three degrees of misdemeanor, or a summary offense. Knowing which class your charge sits in tells you the most a court can impose.
The ceilings are set by statute. A first-degree felony can bring up to 20 years, a second-degree felony up to 10, and a third-degree felony up to 7 (§ 1103), while misdemeanors are capped at 5, 2, and 1 years (§ 1104) and summary offenses at 90 days (§ 1105). On fines, Pennsylvania allows up to $25,000 for the top two felony grades and $15,000 for a third-degree felony, then $10,000, $5,000, and $2,500 down the misdemeanor grades and $300 for a summary offense, unless the offense’s own statute says otherwise (18 Pa.C.S. § 1101).
If a statute says only ‘felony’ or ‘misdemeanor,’ the offense is a third-degree one, and anything with a maximum of 90 days or less is a summary offense (18 Pa.C.S. § 106).
The Statute of Limitations on a Pennsylvania Criminal Charge
Two years is the baseline. Under 42 Pa.C.S. § 5552(a), a prosecution must begin within two years after the offense unless the subchapter provides otherwise, and offenses that are not on the longer lists, including simple assault and DUI, are held to it.
Longer periods apply to listed offenses. Five years covers aggravated assault, terroristic threats, arson, burglary, robbery, theft offenses, forgery, and offenses punishable under section 13(f) of the Controlled Substance Act, among others (§ 5552(b)). Twelve years covers rape, sexual assault, incest, and similar offenses (§ 5552(b.1)). Murder and voluntary manslaughter have no limit at all (§ 5551).
Under § 5552(e), a case is commenced when an indictment is found, an information is issued, or a warrant, summons, or citation is issued and promptly executed. Section 5554 adds pauses for someone continuously absent from Pennsylvania or without a reasonably ascertainable home or job here, and while a prosecution for the same conduct is pending.
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Is There a Hard Deadline to Bring Me to Trial in Pennsylvania?
Under Pa.R.Crim.P. 600, a trial in a court case must commence within 365 days of the complaint. The remedy is not automatic: the defense files a written motion, the court holds a hearing, and if the rule was violated the dismissal is with prejudice, so the charges cannot be refiled. But 365 days is only a starting point. Under Rule 600(C), only delay caused by the Commonwealth when it failed to use due diligence counts against it. Every other period of delay is excluded, including continuances the defense asks for, time when the defense is unavailable, and any period the defendant waives.
The practical question is not whether 365 days passed but what the adjusted run date is. That depends on the recorded reasons for each delay and on whether the Commonwealth acted with due diligence, a fact-specific showing the court decides case by case. Courts do not treat delay as one thing. Emergency orders suspending Rule 600 during the pandemic excluded hundreds of days in Commonwealth v. Malone (2023), while in Commonwealth v. Harth (2021) the Supreme Court held that judicial delay can excuse a late trial only if the Commonwealth was diligent.
For people in custody, Rule 600(B) sets 180 days. Only defense-caused delay is excluded from it, and if it is exceeded the defense can ask to be released on nominal bail, with the exception of cases where the law does not entitle the defendant to bail.
Where Your Case Is Heard in Harrisburg
Most Pennsylvania criminal cases begin before a magisterial district judge, who handles summary offenses, arraignments, and bail, and sits as the committing magistrate at preliminary hearings (42 Pa.C.S. § 1515). Charges that continue past that stage are tried in the Court of Common Pleas.
A Harrisburg case that reaches trial goes to the Court of Common Pleas of Dauphin County. That court is the Twelfth Judicial District (42 Pa.C.S. §§ 901, 951), and Harrisburg is the county seat. Where an offense is alleged to have occurred decides the magisterial district that hears the case (Pa.R.Crim.P. 130).
The Charges Behind Most Calls From Harrisburg
What are the penalties for a first DUI in Pennsylvania?
The penalty depends on the tier. General impairment (unable to drive safely, or 0.08 to under 0.10) means at least six months of probation and a $300 fine for a first offense; high rate (0.10 to under 0.16) means at least 48 consecutive hours in jail and $500 to $5,000; highest rate (0.16 or higher) means at least 72 consecutive hours and $1,000 to $5,000 (75 Pa.C.S. §§ 3802, 3804). Alcohol highway school and treatment requirements apply in every tier.
DUI is not on the five-year list in 42 Pa.C.S. § 5552(b), so the general two-year limit applies unless another provision extends it. The clock is measured to the start of the prosecution, not to trial.
How does Pennsylvania treat a small amount of marijuana?
Pennsylvania draws a specific line: a small amount of marijuana, meaning 30 grams or 8 grams of hashish, held only for personal use is a misdemeanor with a maximum of 30 days and $500 (35 P.S. § 780-113(a)(31), (g)). Possession of other controlled substances is a misdemeanor of up to a year and $5,000, and delivery or possession with intent to deliver is a felony graded by the drug.
Drug offenses punishable under section 13(f) of the Controlled Substance Act, the delivery-type offenses, fall on the five-year list in 42 Pa.C.S. § 5552(b)(2). Simple possession is not on that list, so the general two-year period applies to it.
How serious is an assault charge in Pennsylvania?
Assault is graded by how serious the alleged conduct is. Simple assault is a second-degree misdemeanor unless it was a mutual fight (third degree) or committed by an adult against a child under 12 (first degree) (18 Pa.C.S. § 2701). Aggravated assault is a felony: first degree under subsections (a)(1), (2), and (9) and second degree under the other subsections (§ 2702(b)), with maximums of 20 and 10 years.
Assault convictions are treated differently for record clearing. Offenses against the person are excluded from automatic Clean Slate limited access (18 Pa.C.S. § 9122.3), while the petition route has its own exclusions (§ 9122.1(b)), so eligibility depends on the exact offense and its maximum penalty.
Does the value of the item matter in a theft case?
Yes, the value sets the grade. Under 18 Pa.C.S. § 3903, over $2,000 is a third-degree felony, $200 to $2,000 is generally a first-degree misdemeanor, $50 to under $200 a second-degree misdemeanor, and under $50 a third-degree misdemeanor, with higher felony grades for larger amounts and different rules when property was taken from a person. Retail theft has its own scale in § 3929.
Amounts from retail thefts committed under one scheme or course of conduct can be added together, even across several stores, to set the grade (18 Pa.C.S. § 3929(b)(2)), and prior offenses count even when the earlier case ended in Accelerated Rehabilitative Disposition (§ 3929(b.1)).
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Expunged, Sealed, or Limited: Why the Difference Matters
Three routes exist for clearing a Pennsylvania record, and which one fits depends on how the case ended and how long ago. They are expungement, automatic Clean Slate limited access, and limited access by petition, and they are not interchangeable.
The classic remedy is expungement (18 Pa.C.S. § 9122), which removes the record but applies in limited situations: cases without a conviction, acquittals on all charges (which are now expunged automatically), and Accelerated Rehabilitative Disposition cases dismissed after completion (Pa.R.Crim.P. 320). A conviction can be expunged only if it was a summary offense after five clean years, or at 70 after ten clean years.
Clean Slate limited access (§ 9122.2) is automatic, with no petition, once the waiting period has passed and court-ordered restitution and a fee are paid: five years for a summary conviction; seven years without another conviction punishable by a year or more for a second- or third-degree misdemeanor or any misdemeanor punishable by no more than two years; and ten years for a qualifying drug offense under the Controlled Substance Act. Non-conviction outcomes are included.
If the automatic process does not apply, a petition for limited access under 18 Pa.C.S. § 9122.1 may. It is available for a qualifying misdemeanor after seven years without a new conviction and for a specified third-degree or lower felony (such as theft, forgery, criminal mischief, or criminal trespass) after ten, but not for first- or second-degree felonies. Restitution and a fee must be paid, and the prosecutor may object.
Several categories are generally off the table: offenses against the person, offenses against the family, firearms offenses, offenses that require sex-offender registration, and corruption of minors (18 Pa.C.S. §§ 9122.1, 9122.3). Other convictions in a person’s history can also make them ineligible.
One warning: limited access is a restriction on who sees the record, not a deletion. State Police and court dissemination to most employers and the public stops (18 Pa.C.S. § 9121), but criminal justice agencies, child-welfare agencies, custody and protection-from-abuse cases, and employers under federal screening rules can still get it. Similarly, an expungement, including one that follows a diversion or probation program, still leaves a list of names kept by the prosecutor and State Police, used only for later eligibility, criminal investigations, and the grading of later offenses (§ 9122(c)).
What to Know About Cases in Harrisburg
Harrisburg cases are heard in Dauphin County. Knowing which court you will be in, and how it schedules cases, matters because the Rule 600 count depends on the reasons for each delay, and an attorney who handles Dauphin County matters can watch those dates for you.
Injury claims follow different Pennsylvania rules, covered on our Harrisburg personal injury page.
Other Pennsylvania cities nearby: Selinsgrove criminal defense attorneys.
Frequently Asked Questions
Does Pennsylvania have a deadline for bringing criminal charges?
Yes, and it depends on the offense. Two years is the baseline (42 Pa.C.S. § 5552(a)); listed offenses run five years, major sexual offenses twelve, and murder and voluntary manslaughter have none (§ 5551). Time does not run while the accused is continuously absent from Pennsylvania (§ 5554).
Does Rule 600 mean my case is dismissed after 365 days?
Not automatically. Rule 600 sets 365 days from the complaint, but only delay caused by the Commonwealth’s failure to use due diligence counts. Other delay, such as defense continuances, is excluded. Dismissal, with prejudice, requires a written motion and a hearing (Pa.R.Crim.P. 600).
How does Pennsylvania grade crimes?
By class and degree under 18 Pa.C.S. § 106: felonies and misdemeanors are each divided into first, second, and third degree, and summary offenses sit below them. A statute that gives no degree is treated as third degree.
What happens if I am charged with a summary offense?
It usually starts and finishes before a magisterial district judge, who has jurisdiction over summary offenses (42 Pa.C.S. § 1515). The penalty ceiling is 90 days and a $300 fine unless another statute provides otherwise (18 Pa.C.S. §§ 1105, 1101).
What happens before a magisterial district judge?
Magisterial district judges handle summary offenses, arraignments, and bail, and sit as the committing magistrate for preliminary hearings (42 Pa.C.S. § 1515). Charges that continue go to the Court of Common Pleas.
Can I be held in jail for a year waiting for trial?
Generally no. Rule 600(B) limits pretrial incarceration to 180 days from the complaint, excluding only delay caused by the defense, and the defense can move for release on nominal bail after that, unless the law does not entitle you to bail.
Can I be charged with DUI for drugs in Pennsylvania?
Yes. Any amount of a Schedule I controlled substance, or of a Schedule II or III substance that was not medically prescribed, or a metabolite of either, in the blood can support a charge under 75 Pa.C.S. § 3802(d)(1).
What happens to my arrest record after ARD?
After successful completion and dismissal, the judge also orders the arrest record expunged, unless the Commonwealth files an objection within 30 days after the dismissal motion is served (Pa.R.Crim.P. 320). The prosecutor and the State Police still keep a list of names, used only for later program eligibility, identifying people in criminal investigations, and grading later offenses (18 Pa.C.S. § 9122(c)).
Will my conviction ever come off my record?
Some can, but usually through limited access, not expungement. Summary offenses qualify for automatic Clean Slate after five years, certain misdemeanors after seven years, and qualifying drug offenses after ten (18 Pa.C.S. § 9122.2), and a petition covers more (§ 9122.1).
What does limited access mean on a Pennsylvania record?
The record still exists, but the State Police and courts must withhold it from most non-criminal-justice requests (18 Pa.C.S. § 9121). It is a restriction on who sees it, not a deletion.
Take the Next Step in Your Harrisburg Case
The rules on this page are the same statewide, but what they mean for your case depends on the facts. Use the form to be matched with an attorney who can look at your charge and your dates.
