Compare · Domestic Violence: Misdemeanor vs. Felony Exposure
The same argument can end in a summary citation or a felony charge — the difference is almost never the relationship, it's the specific facts.
Pennsylvania doesn't have a standalone 'domestic violence' offense, so when people are charged in a family or household situation, what's actually driving the grading is the same statutory analysis that applies to any assault-type case: how much injury occurred, whether strangulation was involved, whether a weapon was used, and whether there's a prior record. On the misdemeanor end, simple assault under § 2701, harassment, and terroristic threats under § 2706 can be graded as low as a summary or M1 offense with fines and short probation. On the felony end, aggravated assault under § 2702 and strangulation graded up to F1 or F2 under § 2718 carry years of potential state prison exposure, and once a conviction lands in the felony or certain misdemeanor categories, § 6105 and federal law under 18 U.S.C. § 922(g)(9) can permanently take away firearm rights. Knowing exactly where a specific set of facts falls on that spectrum — and what evidence moves it up or down — is often the single most important question in the case.
The short answer
Misdemeanor-level exposure
Many family or household incidents are charged at the misdemeanor level: simple assault under § 2701, typically graded M2 or M3 depending on whether it was a mutual fight, harassment under § 2709, or terroristic threats under § 2706, which is generally an M1 unless it caused evacuation of a public facility. These cases still carry real consequences — a misdemeanor conviction is a permanent criminal record, can affect employment and housing, and under certain circumstances a qualifying misdemeanor conviction against a family or household member can trigger the federal firearms prohibition in 18 U.S.C. § 922(g)(9) even without a felony on the record. Sentencing options at this level more often include probation, fines, anger-management or batterer's intervention programs, and in appropriate cases diversionary programs, but the relationship between the parties can still trigger warrantless arrest authority under § 2711 and a parallel civil PFA case regardless of the criminal grading.
Felony-level exposure
The same incident escalates to felony exposure when the injury, method, or weapon involved crosses certain statutory thresholds. Aggravated assault under § 2702 is an F1 where serious bodily injury is caused or attempted, or an F2 where bodily injury is caused with a deadly weapon or against certain enumerated victims. Strangulation under § 2718 starts at M2 but is elevated to F2 where the victim is a family or household member or a protective order is in place, and can reach F1 with a prior strangulation conviction or where an instrument of crime was used. Any weapon involvement can also implicate § 907 for possessing an instrument of crime, and a felony conviction — along with certain qualifying misdemeanors — triggers the firearms disability under § 6105 and typically the broader federal prohibition under 18 U.S.C. § 922(g). Felony sentencing exposure runs into years of state incarceration under § 1103, and the stakes for how the case is investigated and defended rise accordingly.
| What matters | Misdemeanor-level exposure | Felony-level exposure |
|---|---|---|
| Baseline assault statute | § 2701 simple assault, generally M2 or M3 | § 2702 aggravated assault, F1 or F2 |
| Strangulation grading | § 2718 base grade of M2 without aggravating facts | § 2718 elevated to F2 against a family or household member, or F1 with a prior or an instrument of crime |
| Threats-related charge | § 2706 terroristic threats, typically M1 | § 2706 elevated to F3 where the threat causes evacuation of a public facility |
| Weapon involvement | Absent or not causing injury; may still support § 907 exposure | Deadly weapon used or possessed, driving F2/F1 grading and possible § 907 charges |
| Typical sentencing range | Probation, fines, and short county jail exposure under § 1104 | Years of state prison exposure under § 1103, plus possible mandatory minimums |
| Firearms consequence | Can still trigger § 6105 and 18 U.S.C. § 922(g)(9) for a qualifying misdemeanor | Almost always triggers § 6105 and the federal felony firearms prohibition |
| Arrest authority in family situations | § 2711 warrantless arrest still applies based on probable cause | Same § 2711 authority, with more serious charges filed |
| Diversion and negotiation options | ARD or negotiated pleas to lesser offenses are more often realistic | Diversion is rarely available; negotiation typically focuses on grading and sentence length |
Scroll the table horizontally to compare every column. Statutory maximums are ceilings, not expected outcomes[1]. Nothing on this page is a prediction about a specific case.
Which one fits your case.
Why the grading fight is often the whole case
Because § 2702 and § 2718 both have specific injury, weapon, and relationship thresholds that separate a misdemeanor from a felony, contesting exactly what happened — the medical evidence, the mechanism of any strangulation, and whether a weapon was truly 'used' rather than merely present — can move a case down an entire grading tier before trial.
When federal firearms exposure changes the calculus on a plea
Because 18 U.S.C. § 922(g)(9) can strip firearm rights even from a qualifying misdemeanor conviction against a family or household member, a plea that looks favorable on paper because it avoids a felony can still carry a lifetime firearms consequence that needs to be weighed before it's accepted.
What we look at first
I obtain and review the medical records or photographs documenting any injury, evaluate whether the Commonwealth can actually prove strangulation's specific elements under § 2718 as opposed to a lesser form of contact, and identify whether any object was genuinely used as a weapon or is being characterized that way after the fact.
What you should not do
Don't assume a felony charge as filed is the charge you'll be sentenced on — grading is frequently contested and negotiated — and don't accept a plea to a 'lesser' misdemeanor without confirming whether it still triggers a firearms disability under federal law.
Read next.
see how PA assault statutes are graded overall
The general § 2701 and § 2702 framework that applies regardless of relationship.
understand strangulation grading in family cases
How § 2718's enhancements move a case from M2 toward F1 or F2.
review how family and household allegations are handled
Procedural differences that attach without a separate crime existing.
check firearm consequences at each grading level
How § 6105 and federal law respond differently to misdemeanors and felonies.
learn what can later be sealed or expunged
How grading and case outcome affect future record relief.
get a grading assessment from an attorney
Find out where your specific facts fall before a plea is offered.
FAQ
Frequently asked questions.
Common questions about domestic violence: misdemeanor vs. felony exposure in Pennsylvania.
No. Since there's no standalone domestic violence crime, the same assault-type statutes apply regardless of the relationship, and most family or household incidents are actually charged at the misdemeanor level unless serious injury, strangulation, or a weapon is involved.
The same factors that matter in any assault case: whether serious bodily injury was caused or attempted, which points to § 2702's F1 grading, or whether bodily injury was caused with a deadly weapon or against certain enumerated victims, which points to F2 grading, rather than anything specific to the relationship itself.
Section 2718 specifically elevates strangulation to F2 grading when it's committed against a family or household member or where a protective order applies, compared to the M2 base grade that would otherwise apply, and it can reach F1 with a prior conviction or an instrument of crime.
Yes, potentially. Even a misdemeanor conviction can qualify as a 'misdemeanor crime of domestic violence' under 18 U.S.C. § 922(g)(9), which can impose a federal firearms prohibition independent of whether Pennsylvania's own § 6105 disability applies.
Not automatically. Aggravated assault's F2 grading and strangulation's elevated grading under § 2718 generally require that a weapon actually be used to cause or threaten injury, not merely present at the scene, though possession of an instrument of crime under § 907 can be charged separately depending on the facts.
It's uncommon. Diversionary programs like ARD are far more realistic for misdemeanor-level exposure, while felony-level aggravated assault or elevated strangulation charges are typically resolved through negotiated grading, sentence length, or trial rather than diversion.
Related pages
Assault charges in PA
Grading, sentencing ranges, and the reduction ladder for assault, harassment, and disorderly conduct.
Theft & property crimes in PA
Theft, RSP, retail theft, forgery, and bad checks — grading by value and the reduction ladder.
Drug charges in PA
Possession, PWID, marijuana, paraphernalia, prescription fraud, trafficking, and diversion.
DUI defense
ARD & Act 58 of 2025
Free consultation
Sources & statutory citations
- [1]18 Pa.C.S. § 2701 — Simple assault — M2 generally; M3 for a mutual fight; M1 where the victim is under 12 and the actor is 18 or older.
- [2]18 Pa.C.S. § 2702 — Aggravated assault — F1 for serious bodily injury caused or attempted; F2 for bodily injury with a deadly weapon or against an enumerated victim.
- [3]18 Pa.C.S. § 2706 — Terroristic threats — M1 generally; F3 where the threat causes the diversion or evacuation of a building, place of assembly, or facility of public transportation.
- [4]18 Pa.C.S. § 2711 — Probable cause arrests in domestic violence cases — warrantless arrest authority for assault-type offenses between family or household members.
- [5]18 Pa.C.S. § 2718 — Strangulation — M2 generally; F2 against a family or household member or where a protective order applies; F1 with a prior strangulation conviction or where the actor used an instrument of crime.
- [6]18 Pa.C.S. § 907 — Possessing instruments of crime — M1 for possessing an instrument of crime, or a weapon concealed, with intent to employ it criminally.
- [7]18 Pa.C.S. § 6105 — Persons not to possess firearms — enumerated convictions, including certain assault offenses and active protective orders, bar firearm possession.
- [8]18 Pa.C.S. § 1103 — Sentences for felonies — F1 up to 20 years, F2 up to 10, F3 up to 7.
- [9]18 Pa.C.S. § 1104 — Sentences for misdemeanors — M1 up to 5, M2 up to 2, M3 up to 1.
- [10]18 U.S.C. § 922(g) — Federal firearms prohibitions — § 922(g)(8) covers persons subject to a qualifying protective order and § 922(g)(9) covers misdemeanor crimes of domestic violence.
Statutes are summarized for public reference. Confirm current text at palegis.us. This page is attorney advertising, not legal advice.
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