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Pennsylvania’s Mandatory Minimum Sentences for Gun Crimes

After a 2015 Pennsylvania Supreme Court ruling, mandatory minimum sentences were deemed unconstitutional in most circumstances. There are still some mandatory minimum sentences, like for certain gun crimes, which our attorneys can explain in detail if you are facing such charges in Pennsylvania.

Being convicted of committing a violent crime with a firearm, or even having an object the alleged victim believes is a firearm, carries a mandatory minimum sentence of five years in Pennsylvania. The same mandatory minimum applies when guns are used in drug trafficking or Defendants facing mandatory minimum sentences can contact our lawyers to review their case, prepare their defense, negotiate a plea deal, or even get the charges dismissed.

For help with your case from our Philadelphia, PA gun crime defense lawyers, call Kenny, Burns & McGill at (215) 423-5500 today.

What Are Pennsylvania’s Mandatory Minimum Sentences for Gun Crimes?

Mandatory minimum sentences are not very common for gun crime convictions in Pennsylvania, and only occur in specific scenarios. We can see if you are facing a mandatory minimum sentence for any charges, and explain how that might affect your case moving forward.

Committing a Violent Crime with a Firearm

Committing a violent felony with a firearm can lead to serious prison time for convicted defendants. Under 42 Pa.C.S. § 9712(a), the mandatory minimum sentence for committing the following “crimes of violence,” among others, is five years:

  • Aggravated assault
  • Burglary
  • Rape
  • Robbery
  • Third-degree murder

Even if the gun wasn’t used during the commission of a crime, simply visibly having it in your possession and threatening to use it can lead to a mandatory prison sentence upon conviction in Pennsylvania.

Defendants might even face mandatory minimum prison sentences for committing a violent crime with an item the victim believed to be a firearm.

Use of Guns in Drug Trafficking

Similarly, there is a five-year mandatory minimum sentence for defendants convicted of drug trafficking charges while in possession of a firearm under § 9712.1(a).

Straw Purchases and Illegal Transfers of Firearms

Straw purchases and other illegal firearm sales may also end in a mandatory five-year prison sentence if it is the defendant’s second or subsequent violation under the Bradley Fox Law. In a straw purchase, the buyer purchases the gun for someone who cannot legally own a gun, such as someone with a felony conviction or another “prohibited person” in Pennsylvania. Possessing a gun as a prohibited person does not automatically come with a mandatory prison sentence, but it can carry sentencing enhancements.

What if Gun Charges with Mandatory Minimum Sentences Get Dismissed?

Getting charges dismissed also lets defendants avoid mandatory minimum sentences for gun crimes. Suppose the alleged victim recants or refuses to cooperate with the prosecution and testify. In that case, physical evidence that was illegally obtained is thrown out, or the prosecution may be forced to drop the charges against you.

If a jury gets empaneled and then the charges get dismissed, that’s an acquittal, and the prosecution may not refile charges.

How to Defend Gun Charges with Mandatory Minimum Sentences that Go to Trial

Being charged with offenses that carry possible minimum prison sentences is very intimidating. Defendants who clear their name at trials do not have to deal with any minimum sentences for gun crimes or any consequences whatsoever.

Aggravated assault charges are sometimes levied against the wrong individual, who is actually the victim. Our Pennsylvania gun crime defense lawyers may provide the context the jury needs to see that you were acting in self-defense, and your response was proportional because you were attacked with a deadly weapon first.

Providing an alternate explanation or an alibi, getting eyewitnesses to testify in the defendant’s defense, and pointing out the lack of physical evidence, like fingerprints on the firearm or anything placing the defendant specifically at the scene, may also overcome charges and avoid possible mandatory minimum prison sentences.

Can a Plea Deal Help You Avoid Pennsylvania’s Mandatory Minimum Sentences for Gun Crimes?

Rather than you facing a possible five-year mandatory minimum prison sentence, our lawyers may negotiate a deal where you plead guilty to lesser charges that do not carry a mandatory minimum sentence, allowing the prosecutor to recommend a shorter sentence to the judge. The charge with the mandatory minimum must go away, or else the judge will have no choice but to impose the mandatory minimum sentence.

Many prosecutors prefer to negotiate deals rather than go to trial, as this saves them time and resources, too. Let us handle plea deal negotiations, and trust us to tell you whether a deal is fair or not.

Negotiating a plea might significantly reduce your sentence and other potential consequences, like fines. Pleading guilty to a lesser charge may have a lesser effect on your future, which is worth considering if the prosecution has strong evidence.

Prosecutors might suggest unfair plea deals that still result in long prison sentences. Defendants should thoroughly understand what they are agreeing to before accepting and entering a plea in Pennsylvania, as judges must apply the mandatory minimum sentence if defendants plead guilty to certain charges. When a defendant pleads guilty to any charge, the judge can impose the maximum sentence for that offense, which could be similar to the mandatory minimum sentence for the initial charges filed against them.

What Are Federal Mandatory Minimum Sentences for Gun Crimes?

There are also mandatory minimum sentences for federal gun crimes, many more than at the state level in Pennsylvania.

In addition to prohibiting the use of a firearm while drug trafficking, which also carries a mandatory five-year federal prison sentence, federal law also prohibits brandishing a firearm, which carries at least a seven-year prison sentence.

If a gun is discharged during the commission of another crime, there is a 10-year mandatory minimum federal prison sentence imposed upon conviction. For a second or subsequent conviction of these federal gun offenses, defendants face 25-year mandatory minimums.

Federal law also prohibits the use or possession of a machine gun in violation of 18 U.S.C. § 924. The mandatory minimum sentence for this offense is 30 years, and a subsequent conviction means life in prison.

Being charged at the federal level is extremely serious, and you should immediately contact our attorneys if you are charged and facing a lengthy minimum sentence.

Call Our Pennsylvania Lawyers for a Free Case Review Today

For help with your case from Kenny, Burns & McGill, call our West Chester, PA gun crime defense lawyers at (215) 423-5500.

Philadelphia Office
1500 John F. Kennedy Boulevard
Suite 520
Philadelphia, Pennsylvania 19102

Kenny, Burns & McGill is located in Philadelphia, PA and serves clients in and around Philadelphia, Bala Cynwyd, Merion Station, Darby, Upper Darby, Sharon Hill, Wynnewood, Narberth, Clifton Heights, Folcroft, Lansdowne, Glenolden, Drexel Hill, Havertown, Cheltenham, Ardmore, Norwood, Holmes, Essington, Elkins Park, Prospect Park, Gladwyne, Delaware County, Montgomery County and Philadelphia County.