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Posts tagged "Sentencing"

RRRI and sentencing

If you are facing serious criminal charges that may entail a state prison sentence, you should make sure that you speak to your Chester County Criminal Defense Lawyer Chester County Criminal Lawyers  about the RRRI sentencing program. RRRI stands for the Recidivism Risk Reduction Incentive program. It is a program which is only available for criminal defendants who receive a state sentence. If you have received a sentence which requires you to only spend time in county prison, then you will not be eligible for the RRRI program and its enhanced sentencing. 

Pennsylvania law regarding minimum mandatory sentences for offenses against the elderly

Pennsylvania law provides for various factors to effect the minimum and maximum sentences upon conviction of certain offenses.  One such factor that requires a minimum mandatory sentence is when the victim is an elderly person.  This law states that any person under the age of 60 years old who is convicted of one of the following offenses when the victim is over the age of 60 years of age shall be sentenced to a mandatory term of imprisonment as follows:

2014 Amendment to Pennsylvania Driving Violations increases mandatory minimum sentence

Pennsylvania legislature passed an amendment in 2014 that significantly increased a mandatory minimum for anyone who violates 75 § 3742 - Accidents involving death or serious bodily injury.  This new law increases the penalty from one year to three years for anyone who violates this section and a death results.

Pennsylvania Law regarding Deadly Weapon Enhancements for Sentencing

Under Pennsylvania law, sentencing questions and issues are resolved by understanding a person's sentencing guidelines (which is composed of his prior record score, offense gravity score, and aggravating or mitigating factors), the implication of mandatory minimum sentences, and any enhancements.

Pennsylvania Categories for Prior Record Scores

In Pennsylvania, sentencing is largely based on a person's prior record score and the offense gravity score (or how serious the legislature has deemed a particular crime).  In Pennsylvania, a person's prior record score is based on the number of prior convictions that person has and the seriousness of those prior convictions.

Multiple Point Pennsylvania Offenses for Prior Record Score

In Pennsylvania, a person's prior record score is based on his prior convictions and the offense gravity score of the crime with which he is charged.  The general rule for prior record score is that a felony is graded as one point and a misdemeanor is graded as 1/2 point.  Under Pennsylvania law, however, certain offenses carry multiple points and can be relevant if someone is convicted of a crime in the future.

Mandatory sentence for possession of deadly weapon in robbery under PA law

§ 9712, of the Pennsylvania Crimes Code provides for a mandatory 5-10 year sentence for a Defendant who uses a firearm in a robbery or aggravated assault.   However, the Pennsylvania Supreme Court has found that this statute has also been subject to some extremely narrow readings. In Commonwealth v. Foster, the defendant was an accomplice in an armed robbery and did not actually possess the automatic weapon that had been used to force the victim to withdraw money from a bank machine.   The Court refused to impose a 5-10 year mandatory sentence on an unarmed co-conspirator in a robbery case and said that a 5-10 year mandatory sentence should only be imposed on the possessor of the firearm

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