Everything You Need To Know About PA State Sentencing
When you commit a crime in Pennsylvania, you could be sentenced for a specific period that the judge or magistrate orders. Read on to learn more details on PA state sentencing to help make an informed decision if you or your dear one is facing a legal issue.
How State Sentencing Works In PA
In PA, state sentencing happens when you are sentenced for more than 24 months (2 years). In most cases, you may not predict your case outcome unless you have a great defense attorney in Philadelphia to advise you.
Judges consider many factors when deciding the appropriate punishment for your case and the length of sentencing if you will be jailed. Discussed below are some of those factors.
Prior Convictions
A long record or prior convictions may increase your sentencing period. The sentencing may be longer if you have committed the same crime consecutively, even in other states.
Accessory Crimes
Were you the main offender, or you were assisting the principal offender in the crime? The punishment for the main offender tends to be more severe.
Crime Seriousness
Serious crimes like murder or theft with violence may have the judge impose longer sentencing. The judge may also consider if you were cruel to the victim and drunk, influenced, or stressed when committing the crime.
Minimum Mandatory Sentencing in PA
The above are only guidelines that help the judge decide how long they should sentence you. However, some crimes do not qualify for the above guidelines in PA but instead have minimum mandatory sentencing.
Driving under the influence is one crime with mandatory minimum sentencing, depending on the concentration of alcohol in your blood and the number of times you have been caught. Other crimes under this category include burglary, assault, and robbery, which have three strikes. The third strike has a minimum mandatory sentencing of 25 years, while the second has a minimum incarceration of ten years.
If you are charged with a crime in PA, find the best white-collar crime attorney to help you know your options and assist with the legal process.
Appealing for Sentencing in PA
It’s traumatic to be found guilty of a crime, but you have the right to appeal. However, you cannot appeal if you already pleaded guilty. Instead, you can withdraw the plea with the help of an experienced criminal lawyer.
The appeal process is lengthy and quite complicated, so a lawyer is needed to avoid making mistakes. Your defense attorney should establish a firm ground for the appeal, such as the evidence collected was invalid. Your lawyer then prepares the paperwork and presents the appeal (in written form). After the appeal, you may lose or win, or the sentence could be reduced.
Contact an Experienced Criminal Lawyer Today
You can be overwhelmed when facing sentencing in PA, so it’s vital to seek the help of an experienced lawyer. Criminal lawyers have the skills and knowledge to protect your rights and ensure that you get a fair judgment.
If you face a criminal charge in Pennsylvania and need the help of a criminal lawyer, the Richard J. Fuschino, Jr team is here to help you. We have a decade of experience and are highly trusted in handling criminal cases. Contact us today for quick assistance.