Laguzzi Law
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Mandatory/Minimum Sentences in Pennsylvania
Drug Offenses
18 Pa. C.S. 5123(a.1) Controlled substance contraband to confined person. 2 years total confinement
42 Pa. C.S. §9713 Sentences for offenses committed on public transportation. 5 years total confinement
42 Pa. C.S. §9719 Sentences for offenses committed while impersonating a law Enforcement officer. 3 years total confinement
18 Pa. C.S. §2506;
35 P.S. §780-113 (a)(14) or (30)
Drug delivery resulting in death. 5 years total confinement
18 Pa. C.S. §6314(a);
35 P.S. §780-113 (a)(14) or (30)
Sentencing and penalties for trafficking drugs to minors. 1 year total confinement.
18 Pa. C.S. §6314(b);
35 P.S. §780-113 (a)(14) or (30)
Sentencing and penalties for trafficking drugs to minors. (promoting habitual use or engage in trafficking, 1,000 feet of real (a)(14) or (30) property of school, school bus, 500 feet school bus stop) 3 years total confinement.
18 Pa. C.S. §6317; Drug free school zones. 2 years total confinement / 4 year maximum
35 P.S. §780-113
(a)(14) or (30)
35 P.S. §780-113(k) 18 Pa.C.S. § 7508
Manufacture of amphetamines, methamphetamine, or phenylacetone, and phenyl-2-proponone. 2 years total confinement
35 P.S. §780-113
(a) (14), (30) & (37)
Marijuana
2 lbs. to < 10 lbs. or 10 to < 21 live plants


10 lbs. to < 50 lbs. or 21 to 51 live plants


50+ lbs. or 51+ live plants


Narcotics of Schedule 1 or II
2 grams to < 10 grams


10 grams to < 100


100 grams or more


Cocaine
2 grams to < 10 grams


10 grams to < 100


100 grams or more


Methamphetamine / Phencyclidine
5 grams to < 10 grams


10 grams to < 100


100+ grams

1st conviction: 1 year subsequent: 2 years

1st conviction: 3 year subsequent: 4 years

1st conviction: 5 year subsequent: 5 years


1st conviction: 2 year subsequent: 3 years

1st conviction: 3 year subsequent: 5 years

1st conviction: 5 year subsequent: 7 years


1st conviction: 1 year subsequent: 3 years

1st conviction: 3 year subsequent: 5 years

1st conviction: 4 year subsequent: 7 years


1st conviction: 3 year subsequent: 5 years

1st conviction: 4 year subsequent: 5 years

1st conviction: 5 year subsequent: 8 years
18 Pa.C.S. § 7508
5 P.S. §780-113
(a) (14), (30) & (37)
Amphetamine
5+ grams


Methaqualone
50 tablets to < 200 tablets or 25 grams to < 100 grams


200 tablets or more or >100 grams


Heroin
1 gram to < 5 grams


5 grams to < 50 grams


50+ grams


MDMA
15 grams to < 30 grams


30 grams to < 300 grams


300+ grams

1st conviction: 2.5 year subsequent: 5 years


1st conviction: 1 year subsequent: 3 years

1st conviction: 2.5 year subsequent: 5 years


1st conviction: 2 year subsequent: 3 years

1st conviction: 3 year subsequent: 5 years

1st conviction: 5 year subsequent: 7 years


1st conviction: 5 year maximum Subsequent: 10 year maximum

1st conviction: 10 year maximum Subsequent: 20 year maximum

1st conviction: 15 year maximum Subsequent: 30 year maximum
Violent Offenses
18 Pa. C.S. §1102(a);
18 Pa. C.S. §2502(a);
42 Pa. C.S. §9711
Murder of the first degree. Death or life imprisonment
18 Pa. C.S. §1102(a);
18 Pa. C.S. §2604(a)
First degree murder of an unborn child. Life imprisonment
18 Pa. C.S. §3301(a)(2) Arson endangering persons as murder of the first degree. Death or life imprisonment
18 Pa. C.S. §1102(b);
18 Pa. C.S. §2502(a);
Murder of the second degree. Life imprisonment
18 Pa. C.S. §1102(b);
18 Pa. C.S. §2604(b)
Second degree murder of an unborn child. Life imprisonment
8 Pa. C.S. §3301(a)(2) Arson endangering persons as murder of the second degree. Life imprisonment
42 Pa. C.S. §9715 Life Imprisonment for homicide.
(previously convicted of murder or voluntary manslaughter)
Life imprisonment
18 Pa. C.S. §2716(b)(1) Weapons of mass destruction and use resulted in death of an individual. Life imprisonment
18 Pa. C.S. §2704 Assault by life prisoner. Life imprisonment
42 Pa. C.S. §9717
18 Pa. C.S. 2702
(a)(1) & (a)(4)
Sentences for offenses against elderly persons:
Aggravated assault

2 years imprisonment
18 Pa. C.S. §3121 Rape 5 years imprisonment
18 Pa. C.S. §3123 IDSI 5 years imprisonment
18 Pa. C.S. §3922 Theft by deception 1 year imprisonment (unless court finds justifiable cause)
42 Pa. C.S. §9718
18 Pa. C.S. §2702
(a)(1) & (a)(4)
Sentences for offenses against victims younger than age 16 years:
Aggravated assault


2 years imprisonment
8 Pa. C.S. §3121
(a)(1)-(5)
Rape 10 years imprisonment
18 Pa. C.S. §3123 IDSI 10 years imprisonment
18 Pa. C.S. §3125
(a)(1)-(6)
Aggravated indecent assault 5 years imprisonment
42 Pa. C.S. §9718
18 Pa. C.S. §2702
(a)(1)
Sentences for offenses against victims younger than age 13 years:
Aggravated assault


5 years imprisonment
18 Pa. C.S. §3121
(c) and (d)
Rape 10 years imprisonment
18 Pa. C.S. §3125
(a)(7)
Aggravated indecent assault 5 years imprisonment
18 Pa. C.S. §3125
(b) and (a)(1)-(6)
Aggravated indecent assault 10 years imprisonment
Sex Offenses
42 Pa. C.S. §9718.2 Current conviction of a Megan's Law offense and previously convicted of Megan's Law offense or equivalent.

Current conviction of a Megan's Law offense and previously convicted of 2 or more Megan's Law offenses or equivalent.
25 years confinement / maximum double minimum

Life
42 Pa. C.S. §9718.3 Sentences for failure to comply with registration of sexual offenders.

1st offense / subject to 42 §9795.1(a)
violated 18 §4915(a)(1) or (2)
violated 18 §4915(a)(3)

1st offense / subject to 42 §9795.1(b)
violated 18 §4915(a)(1) or (2)
violated 18 §4915(a)(3)

2nd + offense / subject to 42 §9795.1(a)
violated 18 §4915(a)(1) or (2)

2nd + offense / subject to 42 §9795.1
violated 18 §4915(a)(3)





2 years
3 years


3 years
5 years


5 years


7 years

Gun Offenses
18 Pa. C.S. 6111(h) Sale or transfer of firearms; subsequent violation. 5 years
18 Pa. C.S. §6121 Certain bullets prohibited. 5 years
42 Pa. C.S. §9712 Sentences for offenses committed with firearms. 5 years
42 Pa. C.S. §9712.1
35 P.S. §780-113(a)(30)
Certain drug offenses committed with firearms. 5 years
Habitual Offenses
42 Pa. C.S. §9714

Two/Three Strikes.
2nd conviction for crime of violence

3rd or subsequent conviction for crime of violence.
10 years

25 years or life
42 Pa. C.S. §9716 Two or more mandatory minimum sentences applicable. Longest mandatory
minimum applies
DWI Offenses
75 Pa. C.S.
§1543(b)
Driving while operating privilege is suspended or revoked, DUI-related. 60 days, unless imbibing 1st offense: 90 days
2nd offense: 6 months
3rd+ offense: 2 years
75 Pa. C.S. §3735 Homicide by vehicle while DUI. 3 years
Consecutive 3 years for each victim.75 Pa. C.S. §3742
75 Pa. C.S. §3742 Accidents involving death or personal injury; leaving scene of
accident.

Victim suffers SBI

Victim dies



90 days

1 year imprisonment
75 Pa. C.S. §3802 Driving under influence of alcohol or controlled substance:
(a)(1) incapable of driving safely or (a)(2) BAC.08 - <10.




(a)(1) incapable of driving safely involving accident, or
(b) BAC .10 - <.16, or
(e) minor, or
(f) commercial/school vehicle

(a)(1) incapable of driving safely involving refused testing, or
(c) BAC .16 or greater,
(d) controlled substances

1st conviction: 6 mos. probation
2nd conviction: 5 days
3rd+ conviction: 10 days

1st conviction: 48 hours
2nd conviction: 30 days
3rd conviction: 90 days
4th+ conviction: 1 year

1st conviction: 72 hours
2nd conviction: 90 days
3rd+ conviction: 1 year
75 Pa. C.S. §3808 Illegally operating motor vehicle not equipped with ignition lock. 90 days
Watercraft DWI Offenses
30 Pa. C.S. §5502 Operating watercraft under influence of alcohol or controlled substance:
(a)(1) incapable safe operation



(a)(1) refuse testing



(a)(1) accident




(a)(2) BAC .08 - < .10



(a.1) BAC .10 - < .16




(a.2) BAC .16+



(a.3) controlled substance



(a.4) under 21 years of age


1st offense: 6 months prob.
2nd offense: 5 days
3rd+ offense: 10 days

1st offense: 72 hours
2nd offense: 90 days
3rd+ offense: 1 year

1st offense: 48 hours
2nd offense: 30 days
3rd offense: 90 days
4th+ offense: 1 year

1st offense: 6 months prob.
2nd offense: 5 days
3rd + offense: 10 days

1st offense: 48 hours
2nd offense: 30 days
3rd offense: 90 days
4th+ offense: 1 year

1st offense: 72 hours
2nd offense: 90 days
3rd+ offense: 1 year

1st offense: 72 hours
2nd offense: 90 days
3rd+ offense: 1 year

1st offense: 48 hours
2nd offense: 30 days
3rd offense: 90 days
4th+ offense: 1 year
30 Pa. C.S. §5502.1 Homicide by watercraft while operating under the influence. 3 years imprisonment


The statements above constitute general advice and do not form an attorney-client privilege. Please contact our office to schedule an appointment to officially retain counsel. (c) 2011.

Reproduction without written permission is prohibited.
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