How Pennsylvania Calculates Criminal History Scores

How Pennsylvania Calculates Criminal History Scores

Figuring out how judges in Pennsylvania determine criminal sentences can be super confusing. There’s a whole set of rules and calculations they use to decide how long someone should go to jail or prison for. But don’t worry, I’m gonna break it all down here so you can understand it better.

The first thing to know is that in Pennsylvania, every crime has a number attached to it called an “Offense Gravity Score.” This number represents how serious that crime is. For example, shoplifting has a score of 3 while robbery has a score of 10. The more serious the crime, the higher the number.

Judges also look at something called your “Prior Record Score.” This is basically how much of a criminal history you have. They assign points for each past conviction you have. If you’ve never been convicted before, your prior record score is 0. But if you have multiple convictions, your score will be higher. The more convictions you have, the higher your prior record score.

After figuring out those two scores, judges match them up on something called the “Sentencing Guidelines Matrix.” This is like a chart with the offense gravity scores on one axis and the prior record scores on the other axis. Where the two scores intersect gives a range for how long your sentence should be.

For example, let’s say you were convicted of robbery with a gravity score of 10. And let’s say you have two past convictions for drug possession which gives you a prior record score of 2. Looking at the matrix, a robbery conviction with a score of 10 and a prior record of 2 means your recommended sentence would be between 36-54 months in jail.

Now those are just the recommendations. Judges don’t HAVE to follow those exactly. They can give longer or shorter sentences if they think it’s warranted. But the guidelines give them a starting point at least.

There are some other fancy rules that can affect your sentence too. Things like if you have prior violent felony convictions or if there were special circumstances around your crime. But generally it comes down to your offense gravity score and your prior record score.

Knowing how this stuff works can be super helpful if you’re facing criminal charges. It gives you an idea of what kind of sentence you might realistically be looking at. And it can help you decide if taking a plea deal makes sense or if you want to risk going to trial.

The criminal justice system can be scary and confusing. But having some understanding of how they make decisions can make it feel a little less intimidating. Let me know if you have any other questions!

Calculating Offense Gravity Scores

The offense gravity score is one of the main factors judges in Pennsylvania look at when sentencing someone for a crime. Each specific crime has an offense gravity score between 1 and 15 assigned to it based on how serious it is.

Shoplifting less than $50 of merchandise for example has a gravity score of 1. While rape has a gravity score of 12. You can find a full list of the offense gravity scores for different crimes in the Pennsylvania Code here.

When determining your sentence, the judge will look at the offense gravity score for whatever you were actually convicted of. If you were charged with multiple crimes, they’ll generally use the most serious one that you were convicted for.

One thing that’s important to understand is that the offense gravity score is based on the crime itself, not the specific facts of your case. For example, let’s say you were convicted of simple assault. The gravity score for simple assault is 3 whether you punched someone once or beat them up really badly. The severity of your actions doesn’t change the offense gravity score.

However, the specific facts can still affect your ultimate sentence. Judges are allowed to give harsher sentences than the guidelines recommend if they believe the circumstances warrant it. But the offense gravity score itself only looks at the category of crime committed.

Calculating Your Prior Record Score

The other big factor that influences sentencing in Pennsylvania is your prior criminal record. This is used to calculate your prior record score on a scale from 0 to 5.

If you have no previous convictions at all, your prior record score is 0. But any previous convictions will increase your score based on the type and number of convictions. The more extensive your criminal history is, the higher your prior record score will be.

Points are assigned for each previous conviction based on the grade and severity of the crimes. For example, a prior conviction for felony drug distribution would add 2 points while a prior conviction for misdemeanor retail theft would only add 1 point.

You can find the full list of point values for different convictions here. It’s a lot of info, but your lawyer can help calculate your prior record score if you’re facing charges.

One important thing to note is that only convictions count, not just arrests or charges. So if you were arrested for a crime but the charges were eventually dropped, that would not impact your prior record score.

Also, juvenile adjudications only count if you were convicted in juvenile court of a felony or certain misdemeanors. Minor juvenile offenses don’t get factored into your prior record score as an adult.

Using the Sentencing Guidelines Matrix

Once the offense gravity score and prior record score have been calculated, judges determine the sentencing recommendations by matching those two scores on the “Sentencing Guidelines Matrix.”

This matrix has the offense gravity scores on one axis and the prior record scores on the other axis. By finding where the two scores intersect, you can see the standard recommended sentencing range.

For example, let’s say you were convicted of robbery with an offense gravity score of 10. And let’s say your prior record led to a score of 2. Looking at the matrix, an offense score of 10 and a prior record score of 2 means your standard recommended sentence would be 36-54 months in prison.

The matrix provides a minimum and maximum range that the judge should sentence within for standard cases. However, they are allowed to depart from the recommendations if they believe there are compelling aggravating or mitigating factors in your specific case.

But for the majority of typical cases, the matrix provides a good estimate of the likely sentence lengths based on the scores. You can see the full matrix here.

Aggravating and Mitigating Factors

While the sentencing matrix recommendations provide a starting point, judges are allowed to hand down longer or shorter sentences depending on the circumstances of each case.

If the judge believes there are aggravating factors that make the crime more severe, they may impose a longer sentence by going up into the “aggravated range” of the matrix. This allows sentences above the standard recommendation.

Some examples of aggravating factors would be things like:

• The victim was particularly vulnerable
• There was excessive cruelty or harm done
• You were in a position of authority over the victim
• There were multiple victims

On the other hand, mitigating factors are details that lessen the severity of the crime. If mitigating factors apply, the judge may impose a shorter “mitigated range” sentence below the standard recommendation.

Some examples of mitigating factors would be things like:

• You played a minor role in the crime
• You acted under strong provocation
• You have shown remorse and cooperated with authorities
• You have no prior criminal history

These aggravating and mitigating factors are how judges can customize sentences based on the nuances of each case while still using the sentencing guidelines as a starting point.

Mandatory Minimum Sentences

While judges typically have some discretion in sentencing, there are certain crimes in Pennsylvania that carry mandatory minimum sentences that judges are required to impose if you are convicted.

These most commonly apply to repeat drug trafficking offenses, repeat DUI offenses, violent crimes committed with a firearm, and certain sex crimes against minors.

The mandatory minimums override the sentencing guidelines recommendations. So even if the guidelines would normally recommend probation, the judge still has to impose jail time if a mandatory minimum applies.

Some of the most common mandatory minimums in PA are:

• 10 year minimum for second felony drug trafficking conviction
• 25 year minimum for third felony drug trafficking conviction
• 5 year minimum for repeat DUI offenders
• 5 year minimum for violent crimes committed with a firearm

You can see a full list of mandatory minimum sentences in Pennsylvania:

in Pennsylvania here. Some of the most severe include:

• 25 year minimum for trafficking more than 100 grams of PCP or 1 kilogram of heroin
• 10 year minimum for trafficking more than 1,000 pounds of marijuana or 10-100 grams of PCP
• 7 year minimum for third felony conviction of manufacturing or delivering drugs
• 5 year minimum for distributing drugs to a minor or within 1,000 feet of a school

As you can see, Pennsylvania has some very strict mandatory minimums in place for drug crimes in particular. Judges have no discretion to go below these mandatory minimums no matter what the circumstances are.

Exceptions to Mandatory Minimums

While mandatory minimum sentences must be applied in most cases, there are a few exceptions that give judges some flexibility:

• “Safety Valve” – Defendants with minimal criminal history can be sentenced below mandatory minimums for certain drug crimes.
• “Substantial Assistance” – Prosecutors can file motions to allow sentences below mandatory minimums if the defendant provides substantial help to authorities.
• “Recidivism Risk Reduction Incentive” – Certain non-violent drug offenders may become eligible for shortened minimums by completing recidivism-reduction programs.

However, these exceptions have strict eligibility rules and are only available in limited circumstances. They do not apply to many repeat or violent offenders facing mandatory minimums.

Criticisms of Mandatory Minimum Sentences

While mandatory minimums are designed to provide consistent punishment and deter serious crimes, they have faced criticism as well. Some of the main criticisms include:

• They limit judicial discretion and prevent customizing sentences based on each case’s details.
• They have resulted in disproportionately long sentences for some non-violent drug offenses.
• They have contributed to overcrowding of prisons and large incarceration costs.
• They disproportionately impact minorities and the poor.
• They incentivize defendants not to cooperate or accept plea deals to avoid mandatory sentences.

Opponents argue mandatory minimums should be repealed or significantly scaled back. But supporters say they are necessary for deterrence and just punishment of serious crimes.

Figuring out sentencing laws in Pennsylvania can be complicated. But hopefully this overview gives you a better understanding of how criminal history scores and mandatory minimums impact sentences here. Let me know if you have any other questions!