Asked in Criminal Law and Federal Crimes for Pennsylvania

Q: Aggravated Assault with SBI - How many years incarcerated in PA if found guilty with a gravity score of 1?

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1 Lawyer Answer
Mark Aaron Hinrichs
Mark Aaron Hinrichs
Answered
  • Criminal Law Lawyer
  • WILKES BARRE, PA
  • Licensed in Pennsylvania

A: There isn't enough information to even make a educated guess. Many different circumstances and factors will be considered (or should be) by the Court when fashioning a reasonable sentence. The Court will consider that this is not a guilty plea (as your question points out "found guilty" indicating following a conviction at trial), the seriousness of the injuries and other facts and circumstances of the incident (weapons, ages, etc.), the history, family life, mental health, prior criminal history, other mitigating circumstances, rehabilitation needs of the defendant, protection of the community, what is needed to vindicate the authority of the court, and other relevant factors. PA criminal justice system uses the sentencing guidelines to get a suggested range for the minimum term of confinement before the person is eligible for parole; however, this is only a suggestion and the court can sentence outside that range. Also, there are potential enhancements, meaning certain specific factors that can increase the range, that if requested by the commonwealth and could be imposed in light of the incident, would have an impact. In addition, if the defendant was convicted of crimes in addition to the Agg Assault, the court could potentially impose consecutive sentences to increase the minimum length of incarceration. So as you can see, there would not be any way to provide you with an educated guess based on your question other than to say the defendant is likely to see some term of incarceration as opposed to a probationary only sentence.

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