States typically have some variation of a “three strikes” law that mandates minimum sentences for defendants who have several convictions for violent crimes. Pennsylvania has its own variation of a three strikes law for repeat offenders that’s more lenient than federal and other states’ laws.
Pennsylvania’s law begins enhancements upon the second conviction, with a third conviction for a violent crime mandating at least 25 years in prison. Upon the third strike, the judge may even impose a life sentence if 25 years is insufficient, given the severity of the offense. While the three strikes rule applies to crimes of violence specifically, different rules for enhanced sentencing can apply to drug and weapons offenses, potentially leading to longer imprisonment, regardless of any previous criminal convictions.
Get a confidential and free case evaluation from the Philadelphia criminal defense lawyers of Kenny, Burns & McGill by calling (215) 423-5500 today.
Does Pennsylvania Have a Three Strikes Law?
Like many states, Pennsylvania imposes enhanced sentencing for a third or subsequent violent crime conviction, even for a second, under 42 Pa.C.S. § 9714. If enhanced sentencing applies to a case and the defendant is found guilty, their mandatory minimum sentence may be significantly longer than they expected.
Three strikes laws are used to deter recidivism regarding specific crimes. Pennsylvania imposes enhanced sentencing for a second or subsequent conviction of a “crime of violence,” which includes the following offenses, among many others:
- Murder
- Voluntary manslaughter
- Aggravated assault
- Rape
- Burglary
- Kidnapping
How Does the Three Strikes Law and Enhanced Sentencing Work in Pennsylvania?
Enhanced sentencing and the three strikes rule work differently in Pennsylvania than in other states, as longer sentences kick in upon the second conviction for a crime of violence.
Two Strikes
Upon a second conviction for any crime of violence in Pennsylvania, the minimum prison sentence increases to at least 10 years.
For example, suppose you were charged with a third-degree felony for assault and have a previous conviction for a different crime of violence. In that case, the minimum sentence would be 10 years, even for a third-degree felony, which typically carries a maximum sentence of 7 years.
Three Strikes
Upon a third or subsequent conviction of any crime of violence, the minimum prison sentence increases to 25 years. If the defendant receives a minimum sentence, the judge must also set a maximum sentence that is twice the minimum.
If the judge believes 25 years imprisonment isn’t enough for a third or subsequent conviction of an especially violent crime, they may impose a sentence of life imprisonment without parole.
Drug Offenses
Pennsylvania has separate sentencing enhancements for second and subsequent drug convictions as well, though these rules are different from those for crimes of violence. Criminal history, location of the alleged offense, gang involvement, and whether or not minors were involved can contribute to sentencing enhancements for drug offenses.
Weapons Enhancements
If a deadly weapon is used during the commission of an offense, there may be a sentencing enhancement imposed upon conviction. For example, possessing or using a gun during a burglary often tacks on additional time to sentences.
FAQs About the Three Strikes Rule and Enhanced Sentencing in Pennsylvania
What Crimes Does the Three Strikes Rule Apply To?
Pennsylvania’s enhanced sentencing rules for second and subsequent convictions apply only to crimes of violence, not to non-violent offenses. A sentence can be enhanced for other reasons unrelated to previous convictions, such as if the defendant used a deadly weapon during the crime or the offense involved a minor.
Do You Need a Lawyer to Understand the Three Strikes Rule?
If you are unaware of the implications of the three strikes rule, you might face a considerably longer sentence. The prosecution might misrepresent the three strikes rule, and our Montgomery County, PA criminal defense lawyers can explain its effects on your case.
A guilty plea for your first crime could even set you up for future sentencing enhancements if you are even convicted again, and you should go over these possible effects with a lawyer, too.
Can a Plea Deal Help You Avoid Consequences of the Three Strikes Law?
When negotiating a plea deal, you must make sure that the new offense you are charged with and plead guilty to is not a crime of violence in Pennsylvania. If it is, the judge may still be required to apply mandatory enhanced sentencing to your case, for a minimum of 10 or 25 years, regardless of what the plea agreement says.
Does Pennsylvania Mandate Life in Prison After Three Strikes?
Many states impose a life sentence upon a third conviction for a crime of violence. Pennsylvania does not do this automatically, though the judge presiding over a case can use their discretion to impose a life sentence if appropriate.
Do Solicitation and Conspiracy Count as Strikes in Pennsylvania?
Solicitation and conspiracy to commit crimes of violence count as “strikes” in Pennsylvania and may contribute to enhanced sentencing and mandatory minimums if you are convicted of another crime of violence in the future.
What is the Maximum Sentence Under the Three Strikes Rule?
Upon your third strike and conviction of a crime of violence, you can be sentenced to up to life imprisonment without parole. That’s within the judge’s discretion, though they cannot sentence you to anything less than 25 years in prison for a third or subsequent conviction.
Does the Three Strikes Rule Expire in Pennsylvania?
Criminal convictions for crimes of violence that remain on your record will always count as strikes toward the three strikes rule in Pennsylvania. If you are then charged and convicted of a crime of violence decades in the future, your sentence will still be enhanced, and you will still face mandatory minimums.
What is the Three Strikes Rule for Federal Offenses?
Upon a third conviction for a serious violent felony on the federal level, there is a mandatory life sentence under 18 U.S.C. § 3559(c). Federal offenses that qualify as serious violent felonies include sex offenses, murder, aggravated assault, robbery, arson, and many others.
Contact Our Pennsylvania Attorneys for Help with Your Criminal Defense
For help with your case from our Delaware County, PA criminal defense lawyers, call Kenny, Burns & McGill at (215) 423-5500.
