3rd degree assault jail time

3rd Degree Assault Jail Time - A common question I get when meeting with a new client is, "If we lose, what am I looking at? Will I go to jail?" The answer is almost always "it depends".

First, If a client makes the smart decision and hires one of our PA criminal defense attorneys. A client may well see winning a case or negotiating entry into a pretrial diversion program. . The above question assumes that the client will lose and be convicted of the most severe charges; This is often not the case. At the preliminary hearing, There are many cases that can be won through pre-trial motions or at trial. Every case is different, but we usually try to win cases. Unwinnable cases can often be settled with fewer charges; Therefore, whenever the prosecution's evidence is strong, the defendant still has the potential to get a settlement. Therefore, There are many cases where the client ends up with no conviction at all or with a serious charge.

3rd Degree Assault Jail Time

Second, Although there are no guarantees of any kind. Usually the relevant mandatory minimum; Best and worst estimates are often made by considering sentencing guidelines and the judge's sentencing practices. Although it is impossible to predict the outcome or with absolute certainty that a defendant will end up in prison. In general, it is possible to consider what the possible outcomes are for various charges.

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The first place to start when considering what sentence you can receive is to find out if there are mandatory minimums. Most of Pennsylvania has been given mandatory minimum sentences by decisions of the United States and Pennsylvania Supreme Courts. However, there are still a handful of minimums.

For example, F1 Robbery; severe assault; murder Mandatory minimums remain for repeat offenders convicted of certain types of burglary and violent crimes, such as sex crimes and other serious "assault" crimes. There are also important minimum sentences for DUI/DWI. Other mandatory minimums related to child sexual abuse have also been reinstated and may require exceptional prison time.

The Pennsylvania state legislature has considered reinstating other mandatory minimums imposed by courts based on drug possession and gun possession during the commission of a violent crime, but has not yet done so. You can learn more about mandatory sentences here. There are still significant mandatory minimums for federal spending. Therefore, The first step is to find out if there are mandatory minimums. if there is one The strategy is likely to avoid charging for the mandatory minimum charge or factor.

Second, Once you and your defense attorney have determined the minimum factors that apply to the offense, it is important to calculate the Pennsylvania sentencing guidelines. The guidelines give good advice on the type of sentence a defendant may face if convicted. In both the Pennsylvania and federal systems; A judge may go above or below the guidelines if there is good reason to do so if the sentencing guidelines are mandatory. However, both systems calculate directions; They need to be given strong consideration and sufficient reasons given on record for waiving them. Departures from the guidelines are generally more common in state court than in federal court, but even in state court, judges often rule based on the guidelines.

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Under the Pennsylvania system; Each sentence (except for short sentences of one or two months) must have a minimum and a maximum. The maximum should always be at least double. A defendant usually faces a maximum sentence of two years or more in state prison. If the maximum is less than two years, the defendant will be sentenced to the county jail. There are some exceptions to this general rule, particularly for driving under the influence sentences of less than five years. In these cases, The Commonwealth may agree to allow a defendant to serve two years in county jail.

The Pennsylvania Sentencing Guidelines provide a recommended range for minimum sentences. Once the judge has chosen the minimum, the judge is free to choose whatever he feels is appropriate up to the maximum prescribed for the offense. The recommended minimum is calculated by determining the defendant's prior record score and the offense severity score of the prosecution. The prior record score and offense gravity score are entered into the sentencing matrix and the matrix provides a recommended minimum sentence. In most cases, A standard judging matrix will be used. However, If it can be proven that the defendant possessed or used a deadly weapon during the commission of the crime; An alternative metric could be used that would suggest a harsher penalty.

Each offense has an assigned numerical offense gravity score. When a judge or pre-sentence investigator calculates post-conviction or plea guidelines. He will do that for each offense. The judge usually imposes a sentence based on the most serious charge, but the judge can always impose consecutive sentences if the judge so chooses. It is often the case that custodial sentences are combined with some serious charges. For the purpose of presenting an example, Carrying a concealed firearm without a license (in violation of VUFA Section 6106) has a felony gravity score of 9. A severity score for each offense can be found at http://www.pacode. .com/secure/data/204/chapter303/s303.15.html.

Once the offense severity score is calculated; The next step is to determine the defendant's prior record score. Because each charge has a corresponding offense gravity score; Each judgment also has a corresponding pre-record score. for example, Possession with intent to award two points to defendant's prior record score. A prior record score is calculated by adding the points corresponding to each of the defendant's prior convictions. The highest pre-record score is 5; However, there are two special categories for defendants with criminal convictions. Individuals with prior convictions for F1 or F2 felonies totaling more than 5 points have REFEL prior record scores, and some defendants charged with additional violence in some F1 felonies may have prior REVOC scores. It's also important to note that some juvenile offenders' felony convictions will count toward the old record score, but some will not. Previous record scores for each offense are listed at http://www.pacode.com/secure/data/204/chapter303/s303.15.html.

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Once the offense gravity score and prior history score are calculated, The sentencing matrix above can be used to determine the recommended minimum sentence range. There are different criteria for committing a crime while in possession of a deadly weapon or where a deadly weapon is used. Penalties for offenses such as possession of child pornography have also increased. However, The basic sentencing matrix above applies to most cases. In the example above, where a defendant receives a 2 for the PWID conviction and a 9 for the VUFA 6106 charge, the recommended minimum sentence is 24 - 36 months plus or minus 12. months means that the standard guideline sentence will be at least two to three years, but a judge can reduce it by up to 12 months if there is substantial evidence or a significant aggravation. The judge must choose the maximum sentence that is twice the minimum, so if the judge sentences the defendant to at least 18 months in prison, the judge must sentence the defendant to at least 18-36 months in prison. .

This leads to the final and most important part of guessing what the culprit is. As in the above example, the judge has a lot of discretion in deciding the sentence. A very common situation for a defendant convicted of VUFA 6106 is that the judge may impose a sentence of 3 to 6 years on probation and as a guideline sentence.

It is very difficult to challenge a judgment on appeal. High courts are often reluctant to even review the above judgment. Therefore, It is very important to have an attorney who understands not only mandatory minimums and applicable sentencing guidelines, but also a judge's sentencing practices. If the lawyer knows from experience, the judge is likely to lower the sentence.

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