Stroudsburg, PA Felony Defense Lawyers

Hearing a police officer or a district judge tell you that you are facing felony charges is a terrifying experience. Unlike minor summary offenses or low-level misdemeanors that might result in probation or a small fine, a felony conviction carries life-altering consequences. In the 43rd Judicial District covering Monroe County, prosecutors aggressively pursue severe indictable offenses, pushing for lengthy state prison sentences that separate individuals from their families, their careers, and their freedom.

When your future is on the line, hoping for leniency is not a legal strategy. The criminal justice system in the Lehigh Valley and the Poconos moves quickly, and early mistakes can severely damage your ability to mount a strong defense. Our experienced felony defense attorneys at Leeth and Gaglione have spent years standing up for the accused in local courtrooms. 

We understand the high stakes involved in major state charges. From the moment of your arrest through preliminary hearings and formal arraignments, having a skilled legal team fighting for your constitutional rights is your strongest shield against the sheer power of the government.

What Are the Classes of Felonies in Pennsylvania?

Under 18 Pa.C.S. § 106, Pennsylvania classifies felonies into first, second, and third degrees based on the severity of the offense. A first-degree felony is the most serious, followed by second and third-degree felonies. Any crime declared a felony without a specific degree is automatically graded as a third-degree felony.

The commonwealth structures its criminal code to reflect the severity of the alleged conduct. According to Title 18, Section 106 of the Pennsylvania Consolidated Statutes, crimes are broadly separated into murder, felonies, misdemeanors, and summary offenses. Felonies represent the most severe category of non-homicide crimes. The legislature further breaks down these major crimes into three distinct degrees.

This grading system dictates the maximum possible penalties a judge can impose. The degree of the charge also influences how aggressive the Monroe County District Attorney’s Office will be during prosecution. When police file charges, they must specify the degree based on the statutory definition of the crime. However, if the legislature created a felony offense but failed to assign a specific degree in the statute, the law automatically defaults the charge to a third-degree classification.

What Are the Penalties for a First-Degree Felony?

A first-degree felony (F1) in Pennsylvania carries the most severe penalties outside of homicide charges. If convicted of an F1 offense, such as aggravated assault or kidnapping, a judge can sentence you to a maximum of 20 years in state prison and impose fines of up to $25,000.

First-degree felonies involve conduct that the state views as highly dangerous, typically involving severe physical harm to others, the threat of extreme violence, or massive financial theft. These are the charges that most frequently result in sentences served in a state correctional institution rather than the local Monroe County Correctional Facility.

Common examples of F1 charges include rape, aggravated assault against a police officer, robbery involving serious bodily injury, and arson that endangers people. A conviction for a first-degree felony permanently alters the trajectory of your life. Because the statutory maximum is 20 years per count, an individual facing multiple F1 charges from a single incident could theoretically face a de facto life sentence if a judge decides to run the penalties consecutively. This immense exposure makes aggressive pre-trial litigation and thorough trial preparation absolutely vital.

What Are the Penalties for Second and Third-Degree Felonies?

A second-degree felony in Pennsylvania is punishable by up to 10 years in prison and a $25,000 fine. A third-degree felony carries a maximum sentence of seven years in prison and a $15,000 fine. Actual sentences depend heavily on the state’s sentencing guidelines and the defendant’s prior record.

Second-degree felonies (F2) often involve property crimes of high value, certain types of sexual offenses, and serious drug distribution charges. While less severe than F1 charges, an F2 conviction still carries the threat of a decade behind bars. Third-degree felonies (F3) serve as the lowest tier of major crimes in the state. These often encompass offenses like carrying a firearm without a license, retail theft exceeding specific dollar amounts, and certain types of fraud.

The exact crime dictates the degree. For instance, the grading of theft changes based on the value of the stolen property:

• Theft of property valued over $500,000 is a first-degree felony.
• Theft of a firearm or property valued over $100,000 is a second-degree felony.
• Theft of property valued between $2,000 and $100,000 is a third-degree felony.

It is important to understand that the 10-year and 7-year caps are statutory maximums. Pennsylvania uses indeterminate sentencing, meaning a judge will hand down a minimum and a maximum sentence. The maximum sentence cannot be more than double the minimum sentence. For example, on a third-degree felony, a judge might sentence a defendant to 3.5 to 7 years, but they cannot sentence them to a flat 5 years.

How Do the Pennsylvania Sentencing Guidelines Work?

Pennsylvania judges use a specific matrix to determine felony sentences. The matrix calculates a recommended minimum sentence range by cross-referencing the Offense Gravity Score (the seriousness of the current crime) with the defendant’s Prior Record Score. Judges can deviate from these guidelines if significant aggravating or mitigating factors exist.

Unlike some states that have strict mandatory sentences for every crime, Pennsylvania utilizes a guideline matrix developed by the Pennsylvania Commission on Sentencing. This matrix is designed to promote consistency across different counties, ensuring that a defendant in Stroudsburg receives a relatively similar sentence to a defendant in Philadelphia for the exact same conduct.

The matrix relies on two primary numbers. The first is the Offense Gravity Score (OGS). Every crime in the state is assigned an OGS ranging from 1 to 14, with 14 being the most severe. The second number is your Prior Record Score (PRS). Your PRS ranges from 0 (a first-time offender) to 5, with special classifications for repeat felony offenders (RFEL). By finding where the OGS row and the PRS column intersect on the chart, a judge determines the standard recommended minimum sentence.

Judges have the discretion to deviate from the standard range. If the District Attorney argues that the crime was particularly heinous or involved vulnerable victims, the judge can add time based on aggravating factors. Conversely, a skilled defense attorney can present mitigating factors—such as a lack of criminal history, a strong work record, or evidence of rehabilitation—to argue for a sentence below the standard range or for a non-custodial probationary period.

What Happens at a Preliminary Hearing in Monroe County?

During a preliminary hearing before a Magisterial District Judge in Monroe County, the prosecution must present enough evidence to show a crime was likely committed and that you were likely the perpetrator. It is not a full trial, but it provides a critical opportunity for your attorney to challenge evidence.

Shortly after an arrest and preliminary arraignment, your case will be scheduled for a preliminary hearing. This takes place at a local Magisterial District Court in the Poconos, not the main courthouse in Stroudsburg. The preliminary hearing is the first major battleground in a felony case. It is not a trial to determine guilt or innocence beyond a reasonable doubt. Instead, the burden of proof is much lower; the state only needs to establish a “prima facie” case.

To establish a prima facie case, the prosecutor must show that a crime probably occurred and that you are probably the person who committed it. Despite this low bar, having a defense attorney aggressively represent you at this stage provides massive strategic advantages:

• Locking police officers and witnesses into their sworn testimony early in the process.
• Identifying weaknesses, contradictions, or constitutional violations in the police investigation.
• Arguing for a reduction of bail if you are currently being held in custody.
• Negotiating with the prosecutor to withdraw or reduce certain felony charges before they reach the higher court.

If the district judge determines the state has met its burden, the charges are “held for court” and transferred to the Court of Common Pleas. If the state fails to meet its burden, the charges are dismissed, though prosecutors maintain the right to refile them later with additional evidence.

What Is the Formal Arraignment and Call of The List Process in Stroudsburg?

If your case moves past the preliminary hearing, it is transferred to the Monroe County Court of Common Pleas in Stroudsburg. You will face formal arraignment and eventually a “Call of the List” day, where the judge determines if your case will proceed to trial, a guilty plea, or a diversionary program.

Once felony charges are held for court, the proceedings shift to the Monroe County Court of Common Pleas located at 610 Monroe Street. The District Attorney files an “Information,” which is the formal charging document outlining exactly what crimes you face. Shortly after, you will attend a formal arraignment. At this brief hearing, you are officially informed of the charges, and your attorney enters a plea of not guilty on your behalf. This triggers the formal discovery process, forcing the state to hand over all evidence, police reports, and video footage they possess.

Monroe County utilizes a specific scheduling system known as the Call of the List. These scheduling days typically occur on Wednesdays. You and your attorney must appear before the judge to announce the status of your case. You will declare whether you intend to accept a plea agreement, request a continuance for further investigation, or demand a jury trial. Failing to appear for a Call of the List day will result in the immediate issuance of a bench warrant for your arrest. Managing these appearances and keeping the court informed is a key responsibility of your legal representation.

Can A Felony Charge Be Reduced to a Misdemeanor in PA?

Yes, a felony charge in Pennsylvania can sometimes be reduced to a misdemeanor. A skilled defense attorney may negotiate a plea agreement with the District Attorney or argue at the preliminary hearing that the prosecution’s evidence only supports a lesser misdemeanor charge rather than a felony.

Facing a felony charge does not guarantee a felony conviction. Law enforcement officers frequently overcharge defendants at the time of arrest. They might charge a felony aggravated assault when the physical evidence only supports a misdemeanor simple assault. They might charge felony possession with intent to deliver based purely on the quantity of drugs, even if the substance was clearly for personal use.

A dedicated defense lawyer fights to have these inflated charges reduced. This can happen through direct negotiations with the prosecution, highlighting the weaknesses in their evidence and the risks they face at trial. Reduction can also occur during the preliminary hearing if the judge agrees that the state failed to produce enough evidence to support the felony grading. Reducing a charge to a misdemeanor drastically lowers your potential prison exposure and protects your long-term civil rights.

What Are the Collateral Consequences of a Felony Conviction?

Beyond prison time and fines, a felony conviction in Pennsylvania permanently strips you of certain civil rights. You will lose your constitutional right to own or possess a firearm, and you will face severe lifelong barriers to securing employment, obtaining professional licenses, and finding housing.

The punishment for a major crime does not end when you finish your prison sentence or complete parole. A felony conviction creates a permanent criminal record that follows you for the rest of your life. These long-term impacts, known as collateral consequences, affect nearly every aspect of your participation in society.

In Pennsylvania, the collateral consequences of a felony conviction are severe:

• Firearm Rights: You permanently lose your right to purchase, own, or possess a firearm. In areas like the Poconos where hunting is culturally significant, this is a major loss.
• Employment: Most employers run background checks. A felony conviction automatically disqualifies you from many jobs, particularly in finance, education, and healthcare.
• Professional Licenses: State licensing boards frequently revoke or deny nursing, real estate, and teaching licenses for convicted felons.
• Housing: Landlords frequently deny rental applications from individuals with felony records, severely limiting your housing options.

Unlike some minor misdemeanors, felony convictions cannot be expunged from your record in Pennsylvania unless you receive a pardon from the Governor, a process that takes years and is rarely granted. Preventing the conviction in the first place is the only guaranteed way to protect your future.

How Can a Defense Lawyer Protect Your Rights in a Felony Case?

A felony defense attorney protects your rights by filing pre-trial motions to suppress illegally obtained evidence, aggressively cross-examining state witnesses, and identifying flaws in the prosecution’s case. Early intervention by legal counsel can significantly improve your chances of having charges dismissed, reduced, or beaten at trial.

The state possesses immense resources to secure a conviction. You need an advocate who knows how to dismantle their case. A strong defense strategy begins with a meticulous review of the discovery materials. Your attorney will analyze dashcam footage, bodycam video, search warrants, and witness statements to identify any violations of your constitutional rights.

If the police conducted an illegal search of your home or vehicle without probable cause, your attorney will file a motion to suppress the evidence. If the judge grants this motion, the illegally obtained evidence is thrown out, often forcing the prosecution to dismiss the charges entirely. If the case proceeds to trial, your legal team will vigorously cross-examine witnesses, present contradictory evidence, and hold the government to its high burden of proving guilt beyond a reasonable doubt.

Defend Your Freedom with Leeth and Gaglione

A felony charge places your liberty, your career, and your family’s stability in immediate jeopardy. You cannot afford to face the Monroe County criminal justice system alone. At Leeth and Gaglione, our experienced criminal defense attorneys understand the local courts in Stroudsburg and throughout the Lehigh Valley. 

If you or a loved one has been arrested for a major state crime, time is not on your side. Contact us today to schedule a confidential, free consultation and start building your defense.

Frequently Asked Questions

Will I automatically go to state prison for a felony in Pennsylvania?

No, a state prison sentence is not automatic for every felony conviction. Depending on the specific crime, your prior record score, and the presentation of mitigating factors by your defense attorney, a judge may sentence you to serve your time in the county jail or impose a sentence of probation.

How long does the District Attorney have to file felony charges in PA?

The statute of limitations for most major crimes in Pennsylvania is five years from the date the offense was committed. However, certain severe charges, such as murder, voluntary manslaughter, and specific felony sexual offenses, have no statute of limitations and can be filed at any time.

Can a felony conviction be expunged from my record in Monroe County?

Generally, felony convictions cannot be expunged under Pennsylvania law. The only way to remove a felony conviction from your criminal record is to undergo the lengthy and highly selective process of applying for and receiving a formal pardon from the Governor of Pennsylvania.

What is the difference between a felony and a misdemeanor in PA?

The primary difference lies in the severity of the potential punishment and long-term consequences. Felonies carry maximum prison sentences of seven to twenty years and strip you of civil rights like firearm ownership, while misdemeanors carry lighter sentences, lower fines, and fewer collateral consequences.

If the victim drops the charges, will my felony case be dismissed?

No, victims do not have the power to drop criminal charges in Pennsylvania. Once an arrest is made, only the District Attorney has the authority to withdraw or dismiss the charges. A victim’s refusal to cooperate can weaken the state’s case, but prosecutors can still move forward using other evidence.