Pennsylvania Criminal "Strike" Offenses
Pennsylvania has statutory "strike" frameworks that dramatically increase mandatory minimum penalties for repeat violent, sexual, drug, and DUI offenses.
In the United States, certain states have "strike" laws which can greatly increase the potential jail penalty, or mandatory jail penalty, for similar convictions. Pennsylvania has a statutory framework that, depending on the crime, can increase the minimum and maximum penalties. These "strike" statutes are separate from the general offense guidelines.
Crimes of Violence (42 § 9714)
A well-known strike crime in Pennsylvania is for crimes of violence. Under 42 § 9714, a 2nd conviction for a crime of violence carries with it a mandatory minimum of 10 years in jail. A 3rd conviction for a crime of violence carries with it a mandatory minimum of 25 years of jail or life imprisonment. "Crime of violence" under this definition includes manslaughter, certain aggravated assault crimes, some strangulation crimes, and a few others.
Firearm Offenses
Certain gun crimes are also strike offenses. For example, a 2nd or subsequent illegal sale or transfer of a firearm results in a 5 year mandatory prison term.
Retail Theft
Retail theft convictions also get worse the more there are, so a 3rd or subsequent retail theft charge is typically graded as a felony.
Sex Crimes (9718.2)
Sex crimes in Pennsylvania are also strike offenses. A second conviction for a Megan's Law/SORNA offense is a 25 year mandatory minimum jail penalty. A third conviction for a Megan's Law/SORNA offense is a life sentence.
Drug Offenses
A lesser known series of strike offenses is related to drugs and drug possession. Simple possession of a controlled substance is normally an ungraded misdemeanor, but a 2nd or subsequent offense of possession increases the potential penalty to a max of 3 years and $25,000. Similarly, a second or subsequent Possession with Intent to Deliver offense (PWID) has a max penalty that is doubled from the original.
DUI Offenses
DUIs are also technically "strike" crimes in that the more a defendant accumulates the higher the potential (and mandatory) penalty. A 3rd DUI offense in 10 years, with the highest tier or the DUI being related to drugs, carries with it a mandatory penalty of 1 year in jail.
Please consult with a Pennsylvania criminal defense professional who may be able to guide you on how to deal with the charges.
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