[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.grossmcginley.com\/resources\/blog\/proposed-changes-to-pennsylvanias-sentencing-guidelines\/#BlogPosting","mainEntityOfPage":"https:\/\/www.grossmcginley.com\/resources\/blog\/proposed-changes-to-pennsylvanias-sentencing-guidelines\/","headline":"Proposed Changes to Pennsylvania\u2019s Sentencing Guidelines","name":"Proposed Changes to Pennsylvania\u2019s Sentencing Guidelines","description":"The Pennsylvania Commission on Sentencing has proposed a comprehensive review of the sentencing guidelines.\u00a0 These proposed changes […]","datePublished":"2022-07-26","dateModified":"2022-07-26","author":{"@type":"Person","@id":"https:\/\/www.grossmcginley.com\/resources\/author\/smoyer\/#Person","name":"Sara Moyer","url":"https:\/\/www.grossmcginley.com\/resources\/author\/smoyer\/","identifier":63,"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/04\/Sara-Moyer_Square_600x600-150x150.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/04\/Sara-Moyer_Square_600x600-150x150.jpg","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Gross McGinley, LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2017\/10\/logopng-00436945-e1531508982151.png","width":600,"height":60}},"image":{"@type":"ImageObject","@id":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/07\/Sentencing-Blog.jpg","url":"https:\/\/www.grossmcginley.com\/wp-content\/uploads\/2022\/07\/Sentencing-Blog.jpg","height":600,"width":600},"url":"https:\/\/www.grossmcginley.com\/resources\/blog\/proposed-changes-to-pennsylvanias-sentencing-guidelines\/","about":["Blog"],"wordCount":774,"keywords":["Criminal Defense","Criminal Law","Sentencing"],"articleBody":"The Pennsylvania Commission on Sentencing has proposed a comprehensive review of the sentencing guidelines.\u00a0 These proposed changes modify both the offense gravity score categories and prior record score categories.\u00a0 A working draft of the proposed changes is currently subject to a public comment period and may become effective in the near future.An offense gravity score is a point value assigned to each criminal offense based on the severity of the offense.\u00a0 Similarly, a prior record score is a category based on the number and severity of a defendant\u2019s prior convictions, including out-of-state convictions.Pennsylvania\u2019s sentencing guidelines use offense gravity scores and prior record scores to tabulate a standard range minimum sentence for a particular defendant convicted of a specific offense.\u00a0Under the current 7th Edition of the sentencing guidelines, originally adopted in 2012, there are 15 offense gravity score categories, 14 general categories, and 1 category for Murder 1 and Murder 2.\u00a0 The proposed changes expand the number of offense gravity score categories to 42, 36 general categories, and 6 for Murder 1 and Murder 2.\u00a0 These changes are intended to provide more targeted and consistent sentencing recommendations.\u00a0 Additionally, these modifications address offense adjustments, sentencing factor adjustments, general enhancement provisions, and certain offense-specific enhancement provisions.\u00a0 The most notable of these changes are sentencing factor adjustments, which allow for upward or downward departures for circumstances like cooperation, course of conduct, and a defendant\u2019s role in the offense.Under the current guidelines, there are 8 prior records score categories (0-5, RFEL, and REVOC).\u00a0 The proposed guidelines would replace these with four categories, 0, Low, Medium, and High.\u00a0 This modification includes new lapsing provisions where prior convictions no longer count if a defendant has been crime-free for a significant period of time.Specifically, if a defendant has not committed any criminal offense within the last 10 years, all misdemeanor offenses, all ungraded felony offenses, and all third-degree felony offenses are removed from consideration of his or her prior record score.\u00a0 If a defendant has not committed any criminal offense within the last 15 years, all offenses except crimes of violence are removed from consideration of his or her prior record score.\u00a0 Finally, if a defendant has not committed any criminal offense within the last 25 years, all offenses are removed from consideration of his or her prior record score.There are also significant changes proposed for lapsing of juvenile offenses.\u00a0 Specifically, offenses committed before the offender turned 14 years old, second-degree misdemeanors, and third-degree misdemeanors are not considered in calculating a prior record score.\u00a0 At the age of 21, juvenile adjudications for first-degree misdemeanors, third-degree felonies, and ungraded felonies would be excluded from the prior record calculation.\u00a0 At the age of 25, juvenile adjudications for first-degree felonies and second-degree felonies that are not crimes of violence would be excluded from the prior record score calculation.\u00a0 If the defendant has been crime-free for a 10 year prior, all previous juvenile adjudications, including crimes of violence, would be excluded from the prior record score calculation.The proposed guidelines place an offender in a prior record category of 0, Low, Medium, or High based on his or her most serious prior adjudication and the number similarly graded adjudications.\u00a0 A defendant with no prior convictions has a 0 prior record score, just as under the current version of the sentencing guidelines.\u00a0 A defendant with 1 or more convictions for ungraded misdemeanors, third-degree misdemeanors, and\/or second-degree misdemeanors has a Low prior record score.\u00a0 A defendant who has 2 or more convictions for first-degree misdemeanors, any number of prior convictions for ungraded or third-degree felonies, or only one conviction for a first-degree or second degree felony or crime of violence has a prior record score of Medium.\u00a0 Finally, a defendant with multiple convictions for first-degree or second-degree felonies and\/or crimes of violence has a prior record score of High.\u00a0 A crime of violence is defined by statute in 42 Pa.C.S.A. \u00a7 9714(g) and includes murder, manslaughter, aggravated assault, strangulation, rape, and robbery, among others.The proposed basic sentencing matrix includes 7 different offense levels, A through H.\u00a0 Aggravated and mitigated range sentences are assigned pursuant to these levels, rather than by offense gravity score.The proposed basic sentencing matrix is provided below, together with the current sentencing matrix, for comparison.\u00a0 The proposed changes aim to provide a more tailored approach to sentencing.\u00a0 Offense gravity scores, prior record scores, and potential downward or upward departures in these guidelines play a crucial role in criminal sentencing proceedings.\u00a0 The experienced attorneys at Gross McGinley, LLP can guide you through pleas, trial, and sentencing proceedings to ensure that you reach the best possible resolution.Sara Moyer\u00a0is an associate attorney at Gross McGinley and practices with the\u00a0Criminal Defense,\u00a0Medical Malpractice Defense, and\u00a0Litigation\u00a0Teams."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Resources","item":"https:\/\/www.grossmcginley.com\/resources\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Blog","item":"https:\/\/www.grossmcginley.com\/resources\/\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":3,"name":"Proposed Changes to Pennsylvania\u2019s Sentencing Guidelines","item":"https:\/\/www.grossmcginley.com\/resources\/blog\/proposed-changes-to-pennsylvanias-sentencing-guidelines\/#breadcrumbitem"}]}]