| Mandatory/Minimum Sentences in Pennsylvania | ||
| Drug Offenses | ||
| 18 Pa. C.S. 5123(a.1) | Controlled substance contraband to confined person. | 2 years total confinement |
| 42 Pa. C.S. §9713 | Sentences for offenses committed on public transportation. | 5 years total confinement |
| 42 Pa. C.S. §9719 | Sentences for offenses committed while impersonating a law Enforcement officer. | 3 years total confinement |
| 18 Pa. C.S. §2506; 35 P.S. §780-113 (a)(14) or (30) |
Drug delivery resulting in death. | 5 years total confinement |
| 18 Pa. C.S. §6314(a); 35 P.S. §780-113 (a)(14) or (30) |
Sentencing and penalties for trafficking drugs to minors. | 1 year total confinement. |
| 18 Pa. C.S. §6314(b); 35 P.S. §780-113 (a)(14) or (30) |
Sentencing and penalties for trafficking drugs to minors. (promoting habitual use or engage in trafficking, 1,000 feet of real (a)(14) or (30) property of school, school bus, 500 feet school bus stop) | 3 years total confinement. |
| 18 Pa. C.S. §6317; | Drug free school zones. | 2 years total confinement / 4 year maximum |
| 35 P.S. §780-113 (a)(14) or (30) 35 P.S. §780-113(k) 18 Pa.C.S. § 7508 |
Manufacture of amphetamines, methamphetamine, or phenylacetone, and phenyl-2-proponone. | 2 years total confinement |
| 35 P.S. §780-113 (a) (14), (30) & (37) |
Marijuana 2 lbs. to < 10 lbs. or 10 to < 21 live plants 10 lbs. to < 50 lbs. or 21 to 51 live plants 50+ lbs. or 51+ live plants Narcotics of Schedule 1 or II 2 grams to < 10 grams 10 grams to < 100 100 grams or more Cocaine 2 grams to < 10 grams 10 grams to < 100 100 grams or more Methamphetamine / Phencyclidine 5 grams to < 10 grams 10 grams to < 100 100+ grams |
1st conviction: 1 year subsequent: 2 years 1st conviction: 3 year subsequent: 4 years 1st conviction: 5 year subsequent: 5 years 1st conviction: 2 year subsequent: 3 years 1st conviction: 3 year subsequent: 5 years 1st conviction: 5 year subsequent: 7 years 1st conviction: 1 year subsequent: 3 years 1st conviction: 3 year subsequent: 5 years 1st conviction: 4 year subsequent: 7 years 1st conviction: 3 year subsequent: 5 years 1st conviction: 4 year subsequent: 5 years 1st conviction: 5 year subsequent: 8 years |
| 18 Pa.C.S. § 7508 5 P.S. §780-113 (a) (14), (30) & (37) |
Amphetamine 5+ grams Methaqualone 50 tablets to < 200 tablets or 25 grams to < 100 grams 200 tablets or more or >100 grams Heroin 1 gram to < 5 grams 5 grams to < 50 grams 50+ grams MDMA 15 grams to < 30 grams 30 grams to < 300 grams 300+ grams |
1st conviction: 2.5 year subsequent: 5 years 1st conviction: 1 year subsequent: 3 years 1st conviction: 2.5 year subsequent: 5 years 1st conviction: 2 year subsequent: 3 years 1st conviction: 3 year subsequent: 5 years 1st conviction: 5 year subsequent: 7 years 1st conviction: 5 year maximum Subsequent: 10 year maximum 1st conviction: 10 year maximum Subsequent: 20 year maximum 1st conviction: 15 year maximum Subsequent: 30 year maximum |
| Violent Offenses | ||
| 18 Pa. C.S. §1102(a); 18 Pa. C.S. §2502(a); 42 Pa. C.S. §9711 |
Murder of the first degree. | Death or life imprisonment |
| 18 Pa. C.S. §1102(a); 18 Pa. C.S. §2604(a) |
First degree murder of an unborn child. | Life imprisonment |
| 18 Pa. C.S. §3301(a)(2) | Arson endangering persons as murder of the first degree. | Death or life imprisonment |
| 18 Pa. C.S. §1102(b); 18 Pa. C.S. §2502(a); |
Murder of the second degree. | Life imprisonment |
| 18 Pa. C.S. §1102(b); 18 Pa. C.S. §2604(b) |
Second degree murder of an unborn child. | Life imprisonment |
| 8 Pa. C.S. §3301(a)(2) | Arson endangering persons as murder of the second degree. | Life imprisonment |
| 42 Pa. C.S. §9715 | Life Imprisonment for homicide. (previously convicted of murder or voluntary manslaughter) |
Life imprisonment |
| 18 Pa. C.S. §2716(b)(1) | Weapons of mass destruction and use resulted in death of an individual. | Life imprisonment |
| 18 Pa. C.S. §2704 | Assault by life prisoner. | Life imprisonment |
| 42 Pa. C.S. §9717 18 Pa. C.S. 2702 (a)(1) & (a)(4) |
Sentences for offenses against elderly persons: Aggravated assault |
2 years imprisonment |
| 18 Pa. C.S. §3121 | Rape | 5 years imprisonment |
| 18 Pa. C.S. §3123 | IDSI | 5 years imprisonment |
| 18 Pa. C.S. §3922 | Theft by deception | 1 year imprisonment (unless court finds justifiable cause) |
| 42 Pa. C.S. §9718 18 Pa. C.S. §2702 (a)(1) & (a)(4) |
Sentences for offenses against victims younger than age 16 years: Aggravated assault |
2 years imprisonment |
| 8 Pa. C.S. §3121 (a)(1)-(5) |
Rape | 10 years imprisonment |
| 18 Pa. C.S. §3123 | IDSI | 10 years imprisonment |
| 18 Pa. C.S. §3125 (a)(1)-(6) |
Aggravated indecent assault | 5 years imprisonment |
| 42 Pa. C.S. §9718 18 Pa. C.S. §2702 (a)(1) |
Sentences for offenses against victims younger than age 13 years: Aggravated assault |
5 years imprisonment |
| 18 Pa. C.S. §3121 (c) and (d) |
Rape | 10 years imprisonment |
| 18 Pa. C.S. §3125 (a)(7) |
Aggravated indecent assault | 5 years imprisonment |
| 18 Pa. C.S. §3125 (b) and (a)(1)-(6) |
Aggravated indecent assault | 10 years imprisonment |
| Sex Offenses | ||
| 42 Pa. C.S. §9718.2 | Current conviction of a Megan's Law offense and previously convicted of Megan's Law offense or equivalent. Current conviction of a Megan's Law offense and previously convicted of 2 or more Megan's Law offenses or equivalent. |
25 years confinement / maximum double minimum Life |
| 42 Pa. C.S. §9718.3 | Sentences for failure to comply with registration of sexual offenders. 1st offense / subject to 42 §9795.1(a) violated 18 §4915(a)(1) or (2) violated 18 §4915(a)(3) 1st offense / subject to 42 §9795.1(b) violated 18 §4915(a)(1) or (2) violated 18 §4915(a)(3) 2nd + offense / subject to 42 §9795.1(a) violated 18 §4915(a)(1) or (2) 2nd + offense / subject to 42 §9795.1 violated 18 §4915(a)(3) |
|
| Gun Offenses | ||
| 18 Pa. C.S. 6111(h) | Sale or transfer of firearms; subsequent violation. | 5 years |
| 18 Pa. C.S. §6121 | Certain bullets prohibited. | 5 years |
| 42 Pa. C.S. §9712 | Sentences for offenses committed with firearms. | 5 years |
| 42 Pa. C.S. §9712.1 35 P.S. §780-113(a)(30) |
Certain drug offenses committed with firearms. | 5 years |
| Habitual Offenses | ||
| 42 Pa. C.S. §9714 Two/Three Strikes. |
2nd conviction for crime of violence 3rd or subsequent conviction for crime of violence. |
10 years 25 years or life |
| 42 Pa. C.S. §9716 | Two or more mandatory minimum sentences applicable. | Longest mandatory minimum applies |
| DWI Offenses | ||
| 75 Pa. C.S. §1543(b) |
Driving while operating privilege is suspended or revoked, DUI-related. | 60 days, unless imbibing 1st offense: 90 days 2nd offense: 6 months 3rd+ offense: 2 years |
| 75 Pa. C.S. §3735 | Homicide by vehicle while DUI. | 3 years Consecutive 3 years for each victim.75 Pa. C.S. §3742 |
| 75 Pa. C.S. §3742 | Accidents involving death or personal injury; leaving scene of accident. Victim suffers SBI Victim dies |
90 days 1 year imprisonment |
| 75 Pa. C.S. §3802 | Driving under influence of alcohol or controlled substance: (a)(1) incapable of driving safely or (a)(2) BAC.08 - <10. (a)(1) incapable of driving safely involving accident, or (b) BAC .10 - <.16, or (e) minor, or (f) commercial/school vehicle (a)(1) incapable of driving safely involving refused testing, or (c) BAC .16 or greater, (d) controlled substances |
1st conviction: 6 mos. probation 2nd conviction: 5 days 3rd+ conviction: 10 days 1st conviction: 48 hours 2nd conviction: 30 days 3rd conviction: 90 days 4th+ conviction: 1 year 1st conviction: 72 hours 2nd conviction: 90 days 3rd+ conviction: 1 year |
| 75 Pa. C.S. §3808 | Illegally operating motor vehicle not equipped with ignition lock. | 90 days |
| Watercraft DWI Offenses | ||
| 30 Pa. C.S. §5502 | Operating watercraft under influence of alcohol or controlled substance: (a)(1) incapable safe operation (a)(1) refuse testing (a)(1) accident (a)(2) BAC .08 - < .10 (a.1) BAC .10 - < .16 (a.2) BAC .16+ (a.3) controlled substance (a.4) under 21 years of age |
1st offense: 6 months prob. 2nd offense: 5 days 3rd+ offense: 10 days 1st offense: 72 hours 2nd offense: 90 days 3rd+ offense: 1 year 1st offense: 48 hours 2nd offense: 30 days 3rd offense: 90 days 4th+ offense: 1 year 1st offense: 6 months prob. 2nd offense: 5 days 3rd + offense: 10 days 1st offense: 48 hours 2nd offense: 30 days 3rd offense: 90 days 4th+ offense: 1 year 1st offense: 72 hours 2nd offense: 90 days 3rd+ offense: 1 year 1st offense: 72 hours 2nd offense: 90 days 3rd+ offense: 1 year 1st offense: 48 hours 2nd offense: 30 days 3rd offense: 90 days 4th+ offense: 1 year |
| 30 Pa. C.S. §5502.1 | Homicide by watercraft while operating under the influence. | 3 years imprisonment |
Two Penn Center, Suite 200 1500 John F. Kennedy Boulevard, Philadelphia, PA 19102-1754 215•625•4547 / Fax 215•625•4541 The statements above constitute general advice and do not form an attorney-client privilege. Please contact our office to schedule an appointment to officially retain counsel. (c) 2011. Reproduction without written permission is prohibited. |
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