The basics of Pennsylvania Sentencing: Nuts and Bolts

In Pennsylvania, the sentencing guidelines are an important tool used by judges to determine the appropriate sentence for a criminal offense. The guidelines take into account a number of factors, including the offender’s prior criminal history, the severity of the offense, and any mitigating or aggravating circumstances that may be present. Two key factors in the guidelines are the prior record score and the offense gravity score.

The prior record score is a numerical value that represents the offender’s prior criminal history. It takes into account the number of prior convictions, and the severity of those convictions. A higher prior record score indicates a more extensive criminal history and/or less frequent but more severe crimes. A higher prior record score will result in a longer sentence on a new offense.

The offense gravity score, on the other hand, is a numerical value that represents the severity of the offense committed. It takes into account a number of factors, including the type of offense, the amount of harm caused, and the offender’s level of involvement. It is attached to specific crimes and the subsections within those crimes. A higher offense gravity score indicates a more serious offense and will result in a longer sentence. Therefore it is in the accused’s best interest to try to negotiate or argue for a lower offense gravity score

These two scores are used together to formulate what is known as the standard range sentence, which is the range of sentences that the guidelines recommend for a particular offense. The standard range sentence takes into account both the prior record score and the offense gravity score, and provides a recommended minimum range of months that the offender should serve in prison.

However, there are also mitigating and aggravating circumstances that can affect the recommended sentence. A mitigated range sentence is a sentence that is below the standard range and is recommended when there are factors present that suggest a lower sentence would be appropriate, such as evidence of rehabilitation. An aggravated range sentence is a sentence that is above the standard range and is recommended when there are factors present that suggest a higher sentence would be appropriate, such as the offender’s extensive criminal history or the particularly heinous nature of the offense.

It is important to note that the sentencing guidelines are just that – guidelines. Judges have some discretion in determining the appropriate sentence, and can deviate from the recommended range if they feel that it is necessary to ensure justice is served. Additionally, the guidelines are periodically reviewed and updated to reflect changes in criminal justice policy and the needs of the community.

In conclusion, the prior record score and the offense gravity score are two key factors in the Pennsylvania sentencing guidelines. They are used together to determine the standard range sentence, which is a recommended range of sentences for a particular offense. However, mitigating and aggravating circumstances can also affect the recommended sentence, resulting in a sentence that is below or above the standard range. Ultimately, judges have some discretion in determining the appropriate sentence, but the guidelines provide an important framework for ensuring consistency and fairness in sentencing.

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PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.