Pennsylvania Criminal "Strike" Offenses

Crimes of Violence

Pennsylvania Criminal "Strike" Offenses

Pennsylvania has statutory "strike" frameworks that dramatically increase mandatory minimum penalties for repeat violent, sexual, drug, and DUI offenses.

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Bloomdahl & Winton, PLLC
••2 min read

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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