PENNSYLVANIA DRUG CRIMES ATTORNEY

PENNSYLVANIA’S MANDATORY SENTENCES

Mandatory Sentencing in Pennsylvania State Court

The United States Supreme Court in Alleyne v. US, 133 S.Ct. 2151 (2013), eliminated many mandatory sentences in Pennsylvania state court. Pennsylvania drug crimes basically have no more mandatory minimums in Pennsylvania state court. There is no longer the 5-10 year gun and drug mandatory, nor is there the school zone enhancement. Until the Pennsylvani General Assembly acts, mandatories no longer apply in state court.

If the prosecutor in your state court case is threatening you with a mandatory sentence, contact us now to discuss your case. Mr. Zeiger is ready to educate any prosecutor on the current state of affairs on mandatories in Pennsylvania State Court.

Below is a list of all of the current mandatories in Pennsylvania that are mostly unlawful and generally no longer being applied in criminal cases in Pennsylvania.

Pennsylvania’s Mandatory Minimums that May No Longer Apply.

  • Drug delivery resulting in death. 5 years total confinement
  • Trafficking drugs to minors. 1 year total confinement, or (promoting habitual use or engage in trafficking, 1,000 feet of real property of school, school bus, 500 feet school bus stop) 3 years total confinement.
  • PWID in a Drug free school zones. 2 years total confinement / 4 year maximum
  • Manufacture of amphetamines, methamphetamine, or phenylacetone, and phenyl-2-proponone. 2 years total confinement.
  • Marijuana
  • 2 lbs. to < 10 lbs. or 10 to < 21 live plants.
    1st conviction 1 year, subsequent – 2 years
    10 lbs. to < 50 lbs. or 21 to 51 live plants
    1st conviction 3 years, subsequent – 4 years
    50 lbs. or more or 51 live plants or more.
    1st conviction 5 years subsequent – 5 years

  • Heroin
  • 1 gram to < 5 grams 1st conviction 2 years, subsequent - 3 years
    5 grams to < 50 grams 1st conviction 3 years, subsequent - 5 years
    50 grams or more 1st conviction 5 years, subsequent – 7 years

  • Cocaine
  • 2 grams to < 10 grams 1st conviction 1 years, subsequent - 3 years
    10 grams < 100 grams 1st conviction 3 years, subsequent - 5 years
    100 grams or more 1st conviction 4 years, subsequent – 7 years

  • Methamphetamine / Phencyclidine
  • 5 grams to < 10 grams 1st conviction 3 years, subsequent - 5 years
    10 grams to < 100 grams 1st conviction 4 years, subsequent - 7 years
    100 grams or more 1st conviction 5 years, subsequent – 8 years

  • Amphetamine
  • 5 grams or more 1st conviction 2.5 years, subsequent – 5 years

  • Methaqualone
  • 50 tables to < 200 tablets or 25 grams to < 100 grams
    1st conviction 1 year, subsequent – 3 years
    200 tablets or more or 100 grams or more
    1st conviction 2.5 years, subsequent – 5 years

  • Gun & PWID
  • Any conviction of possession with the intent to deliver and a possession of a firearm is a 5 to 10 year mandatory.

Sentencing Implications in Federal Court

Sentencing issues in Federal Court are far more complicated then of those in state court.

In Federal Court our clients are often looking at sentences that would overwhelm the normal citizen. As a result of the complexities of the Federal system, we cannot begin to list the issues here.

If you have any questions in regard to the Federal Sentencing Guidelines or are currently under investigation or indictment, we invite you to come into our office for a free consultation.