Q: My lawyer told this charge of hinder upon apprehension 18 5101 A1 was an infrared misdemeanor why is it coming up felony
A:
"The offense is a felony of the third degree if the conduct which the actor knows has been charged or is liable to be charged against the person aided would constitute a felony of the first or second degree. Otherwise it is a misdemeanor of the second degree."
http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=51
Your lawyer may not have seen the actually complaint where the prosecutor may be charging you with conduct that would constitute a felony. Absent such conduct, the charge defaults to a misdemeanor:
§ 5101. Obstructing administration of law or other governmental function.
A person commits a misdemeanor of the second degree if he intentionally obstructs, impairs or perverts the administration of law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any other unlawful act, except that this section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.
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