Pennsylvania Violent Crime Laws and Penalties

How Pennsylvania Classifies Violent Crimes

Under Pennsylvania law, a violent crime is a criminal offense in which the defendant uses force, the threat of force, or actions that result in serious physical harm to another person. These crimes can vary widely in their specifics and severity, ranging from misdemeanors to felonies of the first degree. In 2024, Pennsylvania law enforcement agencies recorded more than 300,000 violent crime incidents.

Examples of violent crimes include:

• Aggravated assault
• Robbery
• Kidnapping
• Homicide
• Certain sex offenses

The potential penalties for a conviction vary significantly based on the grading of the offense.

Most first-degree felonies carry up to 20 years in prison, though certain violent crimes under specific statutes can allow sentences of up to 40 years. Lower-level offenses, such as third-degree misdemeanors, may result in a maximum of one year in jail and a fine.

Courts evaluate the crime’s classification based on how severely the victim was impacted, the presence of a weapon during the act, and the victim’s status. It is important to understand the specific elements that make a crime “violent” under Pennsylvania law, as the grading of the crime can have significant effects on the sentencing guidelines, eligibility for diversion programs, and the long-term consequences of a conviction.

Aggravating and Mitigating Factors That Affect Sentencing

In Pennsylvania, judges can consider certain aggravating or mitigating factors when determining the sentence for a violent crime. Aggravating factors that could increase the sentence include:

• The use of a firearm
• Multiple victims
• Serious bodily injury
• Targeting a protected class (such as law enforcement, children, or the elderly)

Mitigating factors that could reduce the sentence include:

• A lack of prior criminal history
• Evidence of self-defense or provocation
• Cooperation with law enforcement
• Remorse

These factors can impact the likelihood of receiving a sentence closer to the statutory maximum or maximum, a reduced sentence, or eligibility for alternative sentencing options. It’s important to understand how these factors may apply to your case. Your attorney can work to address them in your defense.

How Violent Crime Cases Move Through the Pennsylvania Court System

Violent crime cases in Pennsylvania typically begin with an arrest, followed by a preliminary arraignment where charges are formally read. The first step is the preliminary hearing to decide if there is enough evidence for the prosecution to go forward. The next steps before a trial are called pretrial motions. These involve such matters as the defendant’s right to suppress evidence or witnesses.

In some cases, the parties may enter into a plea agreement, but other matters may go to trial, either before a judge or a jury. If convicted, the defendant faces sentencing but retains the right to challenge both the conviction and sentence through an appeal.

Understanding each stage helps defendants anticipate what’s next and prepare with their Pennsylvania violent crime attorney. Navigating these steps effectively requires knowledge of Pennsylvania’s criminal procedures and how local courts handle violent crime prosecutions.

FAQs

Q: What Is Considered a Violent Crime in Pennsylvania?

A: A violent crime in Pennsylvania is an offense that, by its nature, involves the use or threat of physical force against a person. This category of offenses includes such acts as:

• Aggravated assault
• Robbery
• Homicide
• Rape
• Certain firearm offenses

Sentencing can vary greatly, depending on the details of the case, including the degree of injury, the use of a weapon, and a defendant’s prior criminal record. Convictions can result in substantial jail time, heavy fines, and long-term collateral consequences.

Q: What Crimes Have Mandatory Minimum Sentences in Pennsylvania?

A: Pennsylvania has mandatory minimum sentences for certain offenses, including some crimes involving firearms, large-scale drug trafficking, or repeat violent felonies. These laws require judges to impose at least the specified minimum prison term, regardless of mitigating factors.

The Pennsylvania Supreme Court struck down several mandatory minimum statutes in the last decade, but others remain in effect, particularly those rewritten to comply with constitutional requirements. Whether your charges carry a mandatory minimum sentence directly affects your overall defense strategy.

Q: What Qualifies as Assault in Pennsylvania?

A: Assault in Pennsylvania is usually classified as either simple assault or aggravated assault. Simple assault is causing or attempting to cause bodily injury to another. It also involves causing another to be in reasonable fear of injury. Aggravated assault usually involves a higher level of harm, the use of a weapon, or assault against certain protected people, like a police officer. Penalties can vary broadly, depending on the assault charge and the circumstances.

Q: What Is an H1 Criminal Charge in Pennsylvania?

A: In Pennsylvania, “H1” is defined as a first-degree felony, the most serious offense a person can be convicted of, besides murder. H1 felonies include certain aggravated assault crimes, kidnapping, and serious drug trafficking charges.

Most first-degree felonies carry a maximum sentence of up to 20 years in prison, though specific violent crimes under certain statutes can allow for sentences of up to 40 years. Convictions can also result in substantial fines and long-term collateral consequences that affect employment, housing, etc.

Contact a Pennsylvania Violent Crime Lawyer

Stanton D. Levenson, P.A. Law Offices provides experienced defense for those facing violent crime charges in Pennsylvania. Contact our office today to schedule a confidential consultation and protect your rights from the start.