Whether you are facing criminal charges in Beaver, Warren, Lawrence, or Allegheny County, you have probably wondered, “if convicted, what would my sentence be?” This simple question does not always have an easy answer.
The Worst Case Scenario
Clients often ask me, “what is the worst case scenario?” Bear in mind, that my answer often causes more anguish than necessary, because the worst case is not often in line with the likely sentence. With that in mind, the table below illustrates what you could be looking at if you are convicted of a crime in Pennsylvania.
| Crime | Punishment |
| Murder of the first degree | Mandatory death or life |
| Murder of the second degree | Mandatory life |
| Felony of the first degree | 20 years + $25,000 fine |
| Felony of the second degree | 10 years + $25,000 fine |
| Felony of the third degree | 7 years + $15,000 fine |
| Misdemeanor of the first degree | 5 years + $10,000 fine |
| Misdemeanor of the second degree | 2 years + $5,000 fine |
| Misdemeanor of the third degree | 1 year + $2,000 fine |
| Summary Offense | 90 days + $300 fine |
Every case is different, and depending on the crime, the punishment may vary. This table also doesn’t consider the collateral consequences that you may face. Some of these consequences often include:
employment issues,
immigration status problems,
drivers’ license suspensions,
loss of firearm ownership rights,
negative implications for child custody cases,
community service, or
probation.
When facing criminal charges, be sure to discuss all these aspects with your attorney.
The Likely Sentence, Judicial Discretion, and the Sentencing Guidelines
The simple truth is that judges have considerable discretion in sentencing, so only they can tell you what your sentence will be.
However, Pennsylvania has adopted sentencing guidelines which provide for a range of sentences depending on the crime. A judge can depart from these guidelines, but it is my experience that these guidelines are often followed.
Example #1: Josh is convicted of rape by forcible compulsion, a felony of the first degree. Josh has no prior criminal history, and there are no other aggravating factors. The judge could sentence him to twenty years in a state correctional institute. The sentencing guidelines suggest a term of imprisonment between 48 and 66 months. Although the Josh could end up spending the next two decades in prison, it is likely that the sentencing judge will make Josh’s minimum sentence somewhere between 48 and 66 months. If Josh behaves well, he will be out on parole after serving his minimum sentence.
Another issue many defendants must face is what happens if they are convicted of multiple crimes? Some of these crimes may merge, meaning that the defendant only has to serve one sentence. Additionally, a judge has discretion whether to run sentences consecutively (one after the other) or concurrently (at the same time). Concurrent sentences offer the advantage of a defendant being able to serve his time quicker.
Example 2: Sam is convicted of simple assault and arson. Sam has an extensive criminal history, and the sentencing guidelines call for a minimum sentence of 3 to 14 months imprisonment for the simple assault and 21 to 27 months imprisonment for the arson. If the judge chooses to run Sam’s sentences concurrently, then when Sam has completed serving his arson sentence he will be free. Otherwise, he could face another year in prison.
McHenry Law Firm’s Approach
It is my goal at sentencing to help mitigate your prior bad acts to justify the judge in issuing a lesser sentence. I make sure that my clients are well apprised of potential sentences, and make smart decisions throughout my representation of them. Often, I work with prosecutors to negotiate an acceptable recommendation for you.
If you would like to know more, call my office to set up a consultation. I look forward to discussing your case with you.