Criminal Defense Lawyers

Unraveling Pennsylvania’s Sentencing Guidelines for Organized Crime Cases

Unraveling Pennsylvania’s Sentencing Guidelines for Organized Crime Cases

Understanding Organized Crime Charges in PA

First off, it’s important to know that Pennsylvania has specific laws targeting organized crime, in addition to the regular criminal offenses that can be part of organized criminal activity. The key law to be aware of is the Pennsylvania Corrupt Organizations Act, also known as Pennsylvania’s RICO (Racketeer Influenced and Corrupt Organizations) statute. Under this law, it’s a crime to participate in an enterprise (like a criminal organization) through a “pattern of racketeering activity.” This means committing at least two crimes related to the organization within 10 years. These crimes can include things like:

• Drug trafficking
• Extortion
• Gambling offenses
• Loan sharking
• Murder
• Bribery

So if you’re charged under PA’s RICO statute, you’re not just facing charges for individual crimes, but for participating in a criminal enterprise. This can lead to more severe sentences.

How Sentencing Works in Pennsylvania

Now that you know the types of charges involved, let’s talk about how sentencing actually works. In Pennsylvania, sentences are determined using the Pennsylvania Sentencing Guidelines.These guidelines take into account two main factors:

1. The offense gravity score (OGS) – This is a number from 1-14 that reflects the seriousness of the specific crime.
2. The prior record score (PRS) – This is a number from 0-5 based on the defendant’s criminal history.

The judge looks at a sentencing matrix with the OGS on one axis and the PRS on the other to determine the standard sentencing range. This range provides a minimum and maximum sentence length. For example, let’s say a defendant is convicted of participating in a corrupt organization, which has an OGS of 8. If they have a PRS of 3, the standard range is 9-16 months in prison. However, the judge can also give a sentence in the aggravated or mitigated range if they find certain factors that make the crime more or less serious. They can even depart from the guidelines altogether if they have a compelling reason, but they have to explain that reason on the record.

Sentencing Enhancements for Organized Crime

On top of the regular sentencing guidelines, there are also specific enhancements that can apply in organized crime cases. One key enhancement is the “crime of violence” enhancement under 42 Pa.C.S. § 9714. This says that if someone is convicted of a crime of violence (like aggravated assault or robbery) and they have previously been convicted of a crime of violence, they face a minimum sentence of:

• 10 years for a second offense
• 25 years for a third or subsequent offense

So let’s say our hypothetical defendant from earlier, who’s facing 9-16 months for participating in a corrupt organization, also has a prior robbery conviction. If they’re convicted of another violent crime as part of the organized crime case, they’re now looking at a minimum of 10 years instead of just a few months.

Real-Life Examples

To help make this all a bit more concrete, let’s look at a couple real cases of organized crime sentencing in Pennsylvania.In 2019, a man named Dante Lozano was sentenced to 14 years in federal prison for his role in a drug trafficking organization in Berks County. Lozano had pleaded guilty to conspiracy to distribute cocaine and heroin, as well as possessing a firearm as a felon. The judge found that Lozano was a leader of the organization, which moved large quantities of drugs in Reading and the surrounding areas. Another example is the case of Donte Rollins, who was sentenced to 55 years in state prison in 2018 for his involvement in a violent drug gang in Philadelphia. Rollins was convicted of offenses including corrupt organizations, conspiracy, and drug dealing. The judge gave him a lengthy sentence above the guidelines due to his leadership role and the harm the gang had caused in the community. These cases show how participating in organized crime can lead to significant prison time, especially for leaders and those with prior records.

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2024-03-21

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2024-03-18

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2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-28

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2024-02-24

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Practical Advice

So what should you do if you or a loved one is facing organized crime charges in Pennsylvania? Here are a few key pieces of advice:

1. Get a good lawyer. These are serious, complex cases and you need an experienced criminal defense attorney on your side. Look for someone who has handled RICO and organized crime cases before.
2. Understand the evidence against you. Your lawyer should be able to explain the specific allegations and what evidence the prosecution has. This will help you understand your options.
3. Consider cooperation. In some cases, cooperating with prosecutors and testifying against others in the organization can lead to a reduced sentence. This is a serious decision to discuss carefully with your lawyer.
4. Be realistic. Organized crime cases often come with significant potential sentences. While a good lawyer will fight for the best outcome, it’s important to have realistic expectations.
5. Take care of yourself. Facing serious criminal charges is stressful. Make sure to take care of your mental and physical health during the process, and lean on your support system.