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State Parole Violation Presumptive Ranges for Pennsylvania

Pennsylvania law provides for presumptive sentences for people who violate the terms of their state parole.  This blog will discuss the presumptive ranges for a person who is in violation of his state parole due to a new conviction.  

When a person is sentenced, the Court lists two numbers: one number is the person's minimum date (the earliest date the person can be released) and the maximum date (the longest date which the person may be incarcerated.  If a person is released from prison before the maximum date, he is on parole.  That person is on parole for the remainder of the time he was released until the maximum date he received at sentencing.  The exact terms and conditions of parole vary, but one constant condition is that the parolee shall not have any criminal conduct.  This condition includes no new arrests or convictions.  If a person obtains a new conviction, he is in violation of his parole and may be sentenced to additional time after he completes whatever sentence he received on his new conviction.

Generally, the parole agents and parole board rely on the "presumptive ranges for state parole violation for new conviction" listed in statutes.

For example: if a person obtains a new conviction for Simple Assault while that person is on state parole, his presumptive range is 9-15 months.  If the person obtains a new conviction for Terroristic Threats while on state parole, his presumptive range is 6-12 months.  If the person obtains a new conviction for Theft by Deception and it is graded as either a Felony of the Third Degree or Misdemeanor of the First Degree while on state parole, his presumptive range is also 6-12 months.

For a full list of the presumptive ranges for new convictions while on state parole, please continue reading.

Offense Categories

Presumptive Ranges

Murder

36 months to expiration of maximum sentence

Criminal Conspiracy

 

(Murder)

24 months to 48 months

Voluntary Manslaughter

24 months to 48 months

Involuntary Manslaughter

12 months to 18 months

Homicide by Vehicle

12 months to 18 months

Driving Under Influence

3 months to 6 months

Violation No Fault Motor

 

Vehicle Insurance Act

3 months to 6 months

Accident Involving Death or

 

Personal Injury (Hit and

 

Run)

1 month to 6 months

Reckless Driving

0 months to 6 months

Aggravated Assault:

 

Felony of the Second

 

Degree

24 months to 40 months

Misdemeanor of the First

 

Degree

15 months to 28 months

Assault by Prisoner

24 months to 33 months

Recklessly Endangering

 

Another Person

12 months to 18 months

Simple Assault

9 months to 15 months

Terroristic Threats

6 months to 12 months

Harrassment

1 month to 6 months

Kidnapping

30 months to expiration of
maximum sentence

False Imprisonment

6 months to 12 months

Rape (Forcible)

30 months to 48 months

Involuntary Deviate Sexual

 

Intercourse

27 months to 40 months

Statutory Rape

18 months to 24 months

Indecent Assault

12 months to 18 months

Indecent Exposure

6 months to 12 months

Arson

27 months to 40 months

Criminal Mischief:

 

Felony of the Third Degree

6 months to 12 months

Misdemeanor of the

 

Second Degree

3 months to 6 months

Misdemeanor of the Third

 

Degree or Summary

 

Offense

1 month to 3 months

Burglary

15 months to 24 months

Criminal Trespass:

 

Felony of the Second

 

Degree

12 months to 18 months

Felony of the Third Degree

6 months to 12 months

Misdemeanor of the Third

 

Degree or Summary

 

Offense

1 month to 6 months

Robbery:

 

Felony of the First Degree

30 months to 48 months

Felony of the Second or

 

Third Degree

24 months to 40 months

Theft:

 

Felony of the Third Degree

 

or Misdemeanor of the

 

First Degree

6 months to 12 months

Misdemeanor of the

 

Second Degree

3 months to 6 months

Misdemeanor of the Third

 

Degree

1 month to 6 months

Theft by Deception:

 

Felony of the Third Degree

 

or Misdemeanor of the

 

First Degree

6 months to 12 months

Misdemeanor of the

 

Second Degree

3 months to 6 months

Misdemeanor of the Third

 

Degree

1 month to 6 months

Receiving Stolen Property:

 

Felony of the Third Degree

 

or Misdemeanor of the

 

First Degree

6 months to 12 months

Misdemeanor of the

 

Second Degree

3 months to 6 months

Misdemeanor of the Third

 

Degree

1 month to 6 months

Theft of Services:

6 months to 12 months

Felony of the Third Degree

 

or Misdemeanor of the

 

First Degree

6 months to 12 months

Misdemeanor of the

 

Second Degree

3 months to 6 months

Misdemeanor of the Third

 

Degree or Summary

 

Offense

1 month to 6 months

Unauthorized Use of Auto

 

or Other Vehicle

6 months to 12 months

Retail Theft:

 

Felony of the Third Degree

 

or Misdemeanor of the

 

First Degree

6 months to 12 months

Misdemeanor of the

 

Second Degree

3 months to 6 months

Misdemeanor of the

 

Third Degree or

 

Summary Offense

1 month to 6 months

Forgery

6 months to 12 months

Bad Checks:

 

Misdemeanor of the

 

Second Degree

6 months to 12 months

Summary Offense

1 month to 6 months

Credit:

 

Felony of the Third Degree

6 months to 12 months

Misdemeanor of the

 

Second Degree

3 months to 6 months

Summary Offense

1 month to 6 months

Incest

12 months to 18 months

Unsworn Falsification to

 

Authorities

3 months to 6 months

Obstructing Administration

 

of Law or other

 

Governmental Function

6 months to 12 months

Resisting Arrest

6 months to 12 months

Escape

6 months to 12 months

Default in Required

 

Appearance

1 month to 6 months

Failure to Disperse Upon

 

Official Order

3 months to 6 months

Disorderly Conduct

1 month to 6 months

Harassment by

 

Communication or

 

Address

1 month to 6 months

Loitering & Prowling at

 

Night

6 months to 12 months

Open Lewdness

3 months to 6 months

Prostitution

3 months to 6 months

Drug Law Violations:

 

Felony with Statutory

 

Maximum of 15 years

24 months to 36 months

Felony with Statutory

 

Maximum of 10 years

18 months to 24 months

Felony with Statutory

 

Maximum of 5 years

9 months to 15 months

Felony with Statutory

 

Maximum of 3 years and

 

Misdeameanors

 

with Statutory

 

Maximum of 2 or 3 years

6 months to 12 months

Misdemeanor with

 

Statutory Maximum

 

of 1 year

3 months to 6 months

Misdemeanor with

 

Statutory Maximum of

 

30 days

1 month to 3 months

Violation of any Provision

 

of the Pennsylvania

 

Uniform Firearms Act

18 months to 24 months

Prohibited Offensive

 

Weapons

12 months to 18 months

Possessing Instruments of

 

Crime

6 months to 12 months

Corruption of Minors

18 months to 24 months

Criminal Attempt

Relate to Crime

Criminal Solicitation

Relate to Crime

Criminal Conspiracy

Relate to Crime

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