If my son has already been to jail once for the same crime, what could his sentence be?
Full Question:
My son did 5 years of a 10 year stretch for armed robbery, he got paroled 2 years ago. He's back in jail on 3 counts of armed robbery. Should he plead guilty or go to trial? How much prison time can he expect this time?
11/30/2007 |
Category: Criminal ยป Sentences |
State: Pennsylvania |
#13120
Answer:
The following are Pennsylvania statutes:
18 Pa.C.S.A. § 3701. Robbery
(a) Offense defined. —
(1) A person is guilty of robbery if, in the course of
committing a theft, he:
(i) inflicts serious bodily injury upon another;
(ii) threatens another with or intentionally puts him in
fear of immediate serious bodily injury;
(iii) commits or threatens immediately to commit any felony
of the first or second degree;
(iv) inflicts bodily injury upon another or threatens
another with or intentionally puts him in fear of immediate
bodily injury; or
(v) physically takes or removes property from the person of
another by force however slight.
(2) An act shall be deemed "in the course of committing a
theft" if it occurs in an attempt to commit theft or in flight
after the attempt or commission.
(b) Grading. — Robbery under subsection (a)(1)(iv) is a felony
of the second degree; robbery under subsection (a)(1)(v) is a
felony of the third degree; otherwise, it is a felony of the
first degree.
18 Pa.C.S.A. § 1101. Fines
A person who has been convicted of an offense may be
sentenced to pay a fine not exceeding:
Text of cl. (1) as added by Act 1995, No. 3 (Spec.
Sess. No. 1), effective 60 days from March 9, 1995.
(1) $50,000, when the conviction is of murder or attempted
murder.
Text of cl. (1) as added by Act 1995, No. 5 (Spec.
Sess. No. 1), effective 60 days from March 15, 1995.
(1) $50,000, when the conviction is of murder.
(2) $25,000, when the conviction is of a felony of the
first or second degree.
(3) $15,000, when the conviction is of a felony of the
third degree.
(4) $10,000, when the conviction is of a misdemeanor of the
first degree.
(5) $5,000, when the conviction is of a misdemeanor of the
second degree.
(6) $2,500, when the conviction is of a misdemeanor of the
third degree.
(7) $300, when the conviction is of a summary offense for
which no higher fine is established.
(8) Any higher amount equal to double the pecuniary gain
derived from the offense by the offender.
(9) Any higher or lower amount specifically authorized by
statute.
18 Pa.C.S.A. § 1103. Sentence of imprisonment for felony
Except as provided in 42 Pa.C.S.A. § 9714 (relating to sentences
for second and subsequent offenses), a person who has been
convicted of a felony may be sentenced to imprisonment as
follows:
(1) In the case of a felony of the first degree, for a term
which shall be fixed by the court at not more than 20 years.
(2) In the case of a felony of the second degree, for a
term which shall be fixed by the court at not more than ten
years.
(3) In the case of a felony of the third degree, for a term
which shall be fixed by the court at not more than seven
years.
42 Pa.C.S.A. § 9714. Sentences for second and subsequent offenses
(a) Mandatory sentence. —
(l) Any person who is convicted in any court of this Commonwealth of
a crime of violence shall, if at the time of the commission of the
current offense the person had previously been convicted of a crime of
violence, be sentenced to a minimum sentence of at least ten years of
total confinement, notwithstanding any other provision of this title or
other statute to the contrary. Upon a second conviction for a crime of
violence, the court shall give the person oral and written notice of
the penalties under this section for a third conviction for a crime of
violence. Failure to provide such notice shall not render the offender
ineligible to be sentenced under paragraph (2).
(2) Where the person had at the time of the commission of the current
offense previously been convicted of two or more such crimes of
violence arising from separate criminal transactions, the person shall
be sentenced to a minimum sentence of at least 25 years of total
confinement, notwithstanding any other provision of this title or other
statute to the contrary. Proof that the offender received notice of or
otherwise knew or should have known of the penalties under this
paragraph shall not be required. Upon conviction for a third or
subsequent crime of violence the court may, if it determines that 25
years of total confinement is insufficient to protect the public
safety, sentence the offender to life imprisonment without parole.
(a.1) Mandatory maximum. — An offender sentenced to a mandatory
minimum sentence under this section shall be sentenced to a maximum
sentence equal to twice the mandatory minimum sentence, notwithstanding
18 Pa.C.S.A. § 1103 (relating to sentence of imprisonment for felony)
or any other provision of this title or other statute to the contrary.
(b), (c) Deleted by Acts 2000, Dec. 20, P.L. 811, No. 113, § 2,
effective in 60 days.
(d) Proof at sentencing. — Provisions of this section shall not
be an element of the crime and notice thereof to the defendant shall not
be required prior to conviction, but reasonable notice of the
Commonwealth's intention to proceed under this section shall be provided
after conviction and before sentencing. The applicability of this section
shall be determined at sentencing. The sentencing court, prior to
imposing sentence on an offender under subsection (a), shall have a
complete record of the previous convictions of the offender, copies of
which shall be furnished to the offender. If the offender or the attorney
for the Commonwealth contest the accuracy of the record, the court shall
schedule a hearing and direct the offender and the attorney for the
Commonwealth to submit evidence regarding the previous convictions of the
offender. The court shall then determine, by a preponderance of the
evidence, the previous convictions of the offender and, if this section
is applicable, shall impose sentence in accordance with this section.
Should a previous conviction be vacated and an acquittal or final
discharge entered subsequent to imposition of sentence under this
section, the offender shall have the right to petition the sentencing
court for reconsideration of sentence if this section would not have been
applicable except for the conviction which was vacated.
(e) Authority of court in sentencing. — There shall be no
authority in any court to impose on an offender to which this section is
applicable any lesser sentence than provided for in subsections (a) and
(a.1) or to place such offender on probation or to suspend sentence.
Nothing in this section shall prevent the sentencing court from imposing
a sentence greater than that provided in this section. Sentencing
guidelines promulgated by the Pennsylvania Commission on Sentencing shall
not supersede the mandatory sentences provided in this section.
(f) Appeal by Commonwealth. — If a sentencing court shall refuse
to apply this section where applicable, the Commonwealth shall have the
right to appellate review of the action of the sentencing court. The
appellate court shall vacate the sentence and remand the case to the
sentencing court for the imposition of a sentence in accordance with this
section if it finds that the sentence was imposed in violation of this
section.
(g) Definition. — As used in this section, the term "crime of
violence" means murder of the third degree, voluntary manslaughter,
aggravated assault as defined in 18 Pa.C.S.A. § 2702 (a)(1) or (2)
(relating to aggravated assault), rape, involuntary deviate sexual
intercourse, aggravated indecent assault, incest, sexual assault, arson
as defined in 18 Pa.C.S.A. § 3301 (a) (relating to arson and related
offenses), kidnapping, burglary of a structure adapted for overnight
accommodation in which at the time of the offense any person is present,
robbery as defined in 18 Pa.C.S.A. § 3701(a)(1)(i), (ii) or (iii)
(relating to robbery), or robbery of a motor vehicle, or criminal
attempt, criminal conspiracy or criminal solicitation to commit murder or
any of the offenses listed above, or an equivalent crime under the laws
of this Commonwealth in effect at the time of the commission of that
offense or an equivalent crime in another jurisdiction.
18 Pa.C.S.A. § 1106. Restitution for injuries to person or property
(a) General rule. — Upon conviction for any
crime wherein property has been stolen, converted or
otherwise unlawfully obtained, or its value substantially
decreased as a direct result of the crime, or wherein the
victim suffered personal injury directly resulting from the
crime, the offender shall be sentenced to make restitution
in addition to the punishment prescribed therefor.
(b) Condition of probation or parole. — Whenever
restitution has been ordered pursuant to subsection (a) and
the offender has been placed on probation or parole, his
compliance with such order may be made a condition of such
probation or parole.
(c) Mandatory restitution. —
(1) The court shall order full restitution:
(i) Regardless of the current financial resources of the
defendant, so as to provide the victim with the fullest
compensation for the loss. The court shall not reduce a
restitution award by any amount that the victim has
received from the Crime Victim's Compensation Board or
other governmental agency but shall order the defendant to
pay any restitution ordered for loss previously compensated
by the board to the Crime Victim's Compensation Fund or
other designated account when the claim involves a
government agency in addition to or in place of the board.
The court shall not reduce a restitution award by any
amount that the victim has received from an insurance
company but shall order the defendant to pay any
restitution ordered for loss previously compensated by an
insurance company to the insurance company.
(ii) If restitution to more than one person is set at the
same time, the court shall set priorities of payment.
However, when establishing priorities, the court shall
order payment in the following order:
(A) The victim.
(B) The Crime Victim's Compensation Board.
(C) Any other government agency which has provided
reimbursement to the victim as a result of the defendant's
criminal conduct.
(D) Any insurance company which has provided reimbursement
to the victim as a result of the defendant's criminal
conduct.
(2) At the time of sentencing the court shall specify the
amount and method of restitution. In determining the amount
and method of restitution, the court:
(i) Shall consider the extent of injury suffered by the
victim, the victim's request for restitution as presented
to the district attorney in accordance with paragraph (4)
and such other matters as it deems appropriate.
(ii) May order restitution in a lump sum, by monthly
installments or according to such other schedule as it
deems just.
(iii) Shall not order incarceration of a defendant for
failure to pay restitution if the failure results from the
offender's inability to pay.
(iv) Shall consider any other preexisting orders imposed on
the defendant, including, but not limited to, orders
imposed under this title or any other title.
(3) The court may, at any time or upon the recommendation
of the district attorney that is based on information
received from the victim and the probation section of the
county or other agent designated by the county
commissioners of the county with the approval of the
president judge to collect restitution, alter or amend any
order of restitution made pursuant to paragraph (2),
provided, however, that the court states its reasons and
conclusions as a matter of record for any change or
amendment to any previous order.
(4)(i) It shall be the responsibility of the district
attorneys of the respective counties to make a
recommendation to the court at or prior to the time of
sentencing as to the amount of restitution to be ordered.
This recommendation shall be based upon information
solicited by the district attorney and received from the
victim.
(ii) Where the district attorney has solicited information
from the victims as provided in subparagraph (i) and has
received no response, the district attorney shall, based on
other available information, make a recommendation to the
court for restitution,
(iii) The district attorney may, as appropriate, recommend
to the court that the restitution order be altered or
amended as provided in paragraph (3).
(d) Limitations on district justices. —
Restitution ordered by a magisterial district judge shall
be limited to the return of the actual property or its
undisputed dollar amount or, where the claim for
restitution does not exceed the civil jurisdictional limit
specified in 42 Pa.C.S. § 1515(a)(3) (relating to
jurisdiction) and is disputed as to amount, the magisterial
district judge shall determine and order the dollar amount
of restitution to be made.
(e) Restitution payments and records. —
Restitution, when ordered by a judge, shall be made by the
offender to the probation section of the county in which he
was convicted or to another agent designated by the county
commissioners with the approval of the president judge of
the county to collect restitution according to the order of
the court or, when ordered by a magisterial district
judge, shall be made to the magisterial district judge. The
probation section or other agent designated by the county
commissioners of the county with the approval of the
president judge to collect restitution and the magisterial
district judge shall maintain records of the restitution
order and its satisfaction and shall forward to the victim
the property or payments made pursuant to the restitution
order.
(f) Noncompliance with restitution order. —
Whenever the offender shall fail to make restitution as
provided in the order of a judge, the probation section or
other agent designated by the county commissioners of the
county with the approval of the president judge to collect
restitution shall notify the court within 20 days of such
failure. Whenever the offender shall fail to make
restitution within 20 days to a magisterial district judge,
as ordered, the magisterial district judge shall declare
the offender in contempt and forward the ease to the court
of common pleas. Upon such notice of failure to make
restitution, or upon receipt of the contempt decision from
a magisterial district judge, the court shall order a
hearing to determine if the offender is in contempt of
court or has violated his probation or parole.
(g) Preservation of private remedies. — No
judgment or order of restitution shall debar the owner of
the property or the victim who sustained personal injury,
by appropriate action, to recover from the offender as
otherwise provided by law, provided that any civil award
shall be reduced by the amount paid under the criminal
judgment.
(h) Definitions. — As used in this section,
the following words and phrases shall have the meanings
given to them in this subsection:
"Crime." Any offense punishable under this title
or by a magisterial district judge.
"Injury to property." Loss of real or personal
property, including negotiable instruments, or decrease in
its value, directly resulting from the crime.
"Offender." Any person who has been found guilty
of any crime.
"Personal injury." Actual bodily harm, including
pregnancy, directly resulting from the crime.
"Property." Any real or personal property,
including currency and negotiable instruments, of the
victim.
"Restitution." The return of the property of the
victim or payments in cash or the equivalent thereof
pursuant to an order of the court.
"Victim." As defined in section 479.1 of the act
of April 9, 1929 (P.L. 177, No. 175), known as The
Administrative Code of 1929.[fn1] The term includes
the Crime Victim's Compensation Fund if compensation has been
paid by the Crime Victim's Compensation Fund to the victim
and any insurance company that has compensated the victim for
loss under an insurance contract.
[fn1] 71 P.S. § 180-9.1.