How Prior Convictions Affect Sentencing in Pennsylvania

How Prior Convictions Affect Sentencing in Pennsylvania

If you have been charged with a crime in Pennsylvania, one of the most important factors that will affect your potential sentence is your prior criminal record. Pennsylvania uses sentencing guidelines that take into account both the severity of the current charges and the defendant’s prior convictions when recommending sentences. This article will provide an overview of how prior convictions are calculated and scored under Pennsylvania’s sentencing guidelines, and how they can end up increasing the sentence for a current conviction.

Pennsylvania’s Sentencing Guidelines

In Pennsylvania, each criminal offense is assigned an “offense gravity score” based on the seriousness of the crime[1]. The higher the offense gravity score, the more serious the crime. For example, first-degree murder has an offense gravity score of 15, while retail theft of items worth less than $50 has an offense gravity score of 1.

The sentencing guidelines also calculate a “prior record score” based on the defendant’s past convictions. Points are assigned for each prior conviction based on the grade and severity of the past offense. More points are given for more serious prior crimes. Defendants are categorized into one of eight prior record score categories from Repeat Violent Offender (REVOC) down to Repeat Felony 1 and Felony 2 Offender (RFEL) to point scores from 0 to 5[2].

By finding the defendant’s prior record score category on one axis of the sentencing guidelines matrix, and the offense gravity score of the current conviction on the other axis, the judge can find the standard sentencing range. This provides a recommendation for minimum and maximum sentences in months[3].

Calculating Prior Record Scores

When calculating a defendant’s prior record score, the sentencing judge will look at all of the defendant’s previous convictions in Pennsylvania or equivalent convictions in other jurisdictions. Out-of-state or federal convictions are matched up to comparable Pennsylvania crimes[3].

In general, the guidelines assign points as follows[2]:

• Four points are added for each prior conviction or adjudication of delinquency for murder, or attempt, solicitation or conspiracy to commit murder.
• Three points are added for each prior conviction or adjudication of delinquency for a crime of violence.
• Two points are added for each prior conviction or adjudication of delinquency for any other felony offense.
• One point is added for each prior conviction or adjudication of delinquency for a misdemeanor offense.

If a defendant has four to six prior misdemeanor convictions, two points are added. Defendants with less than four prior misdemeanors will have each misdemeanor count for one point. However, summary offenses that have a maximum sentence of 90 days or less in jail do not count toward prior record points[4].

Prior Record Enhancements

Certain prior convictions can enhance a defendant’s prior record score or even change their prior record category to make it higher. Some of the main enhancements are:

• Repeat Felony Offender – Defendants with previous convictions for felony 1 and felony 2 crimes can be designated repeat felony offenders (RFEL). This moves them into a higher prior record score category.
• Repeat Violent Offender – Defendants with at least two prior convictions for violent crimes and a high offense gravity score for the current conviction can be sentenced as a repeat violent offender (REVOC). This is the highest prior record category.
• Second Strike Offenses – Harsher penalties apply under Pennsylvania’s three strikes law for second and third strike violent offenses. Prior convictions for certain crimes can count as strikes and substantially enhance sentences.
• Weapon Enhancements – If a deadly weapon was used in the commission of a prior offense, the prior record score may be increased.

How Prior Record Affects Sentencing

Generally, the higher a defendant’s prior record score, the harsher sentencing they can expect to receive. A defendant with a high prior record score falling into the REVOC or RFEL categories will be subject to longer recommended sentences on the matrix compared to first-time offenders with no prior record.

However, the guidelines are just recommendations. Judges have discretion to sentence defendants outside the standard range by considering aggravating or mitigating factors. A judge may show leniency and issue a sentence below the guidelines if the prior offenses were less severe or occurred many years ago. But a lengthy or violent criminal history documented by a high prior record score often motivates judges to increase sentences up to the statutory maximums[3].

Mandatory Minimum Sentences

Some offenses carry mandatory minimum sentences that require judges to impose a specific minimum prison term based on prior convictions. These mandatory minimum statutes override the sentencing guidelines recommendations. Some examples of Pennsylvania mandatory minimum sentences triggered by prior convictions include:

• 10 year mandatory minimum for second felony drug trafficking conviction[5]
• 25 year mandatory minimum for third felony drug trafficking conviction[5]
• 10 year mandatory minimum for second conviction of certain sexual assault crimes[6]
• 25 year mandatory minimum for third conviction of certain sexual assault crimes[6]

These mandatory minimums are imposed regardless of what sentence the guidelines would recommend absent the prior record. Defendants facing applicable mandatory minimums based on their criminal history should be aware they face guaranteed increased prison time if convicted.

Sentencing Enhancements for Repeat DUI Offenders

Pennsylvania has strict sentencing enhancements for repeat DUI offenders. Prior DUI convictions within the past 10 years increase mandatory minimum sentences for each subsequent offense:

• Second DUI offense – 5 days mandatory minimum jail
• Third DUI offense – 10 days mandatory minimum jail
• Fourth DUI offense – 1 year mandatory minimum jail

Defendants convicted of a second DUI with a high BAC of 0.16% or higher face even harsher mandatory minimum sentences of 10 days jail for a second offense and 90 days jail for a third offense.

Sentencing for Juvenile Offenders

For defendants who were under 18 when they committed prior offenses, Pennsylvania law limits the use of juvenile adjudications in sentencing for adult convictions. Juvenile offenses can count toward prior record, but they are generally given less weight than adult convictions.

Speak to a Defense Attorney

If you are facing criminal charges in Pennsylvania, speaking with an experienced criminal defense attorney is important to understand how your prior record may impact potential sentencing outcomes. A lawyer can review your criminal history, explain how prior convictions affect the sentencing guidelines and mandatory minimums, and develop defense strategies to seek the most favorable resolution to your case.

Don’t wait to get advice about how your prior record could increase your sentence if convicted. Contact a Pennsylvania criminal defense attorney today.

References

1. 204 Pa. Code § 303.15. Offense Listing.
2. 204 Pa. Code § 303.5. Prior Record Score—prior convictions.
3. 204 Pa. Code Chapter 303. Sentencing Guidelines.
4. 42 Pa.C.S. § 2154 – Adoption of guidelines for sentencing.
5. 18 Pa.C.S. § 6315 – Mandatory minimum penalty.
6. 42 Pa.C.S. § 9720.2 – Mandatory period of probation for certain sexual offenders.