If you are convicted of committing a criminal offense, your life will obviously change. If the offense is a serious one, you will likely be incarcerated for a lengthy period of time and have to pay a hefty fine and possibly restitution. You may lose your job, your reputation, some friends, and possibly relationships with your family. If you are a divorced parent, custody and visitation with your children are definitely in jeopardy.
In the Commonwealth of Pennsylvania, if you are convicted of certain crimes, even if you have no criminal history and this is your first offense, you may be subject to a mandatory minimum sentence. This means the legislature has established a sentence that a judge, at a minimum, is required to impose. If your crime carries a mandatory minimum, the judge may not take any other factor into account to give you a sentence less than the minimum. On the contrary, the judge can consider aggravating factors to sentence you to more than the mandatory minimum. In other words, the mandatory minimum serves as a floor, not a ceiling for the sentence.
No matter how exemplary a life you may have led up until the one aberrant event resulting in your conviction, the judge may not impose a sentence below the mandatory minimum. The sentence may be greater than the mandatory minimum, but it cannot be less. The most common mandatory minimum sentences in Pennsylvania involve convictions for the following offenses:
- Driving under the influence (DUI).
- Drug offenses involving possession with the intent to deliver (PWID). The mandatory minimum depends on the weight of the drugs involved and whether you have a prior conviction for PWID.
- PWID when a firearm is found in close proximity to the narcotics sales.
- Violent crimes like aggravated assault, robbery, burglary, or rape, committed with a firearm or with an object that the victim believes is a firearm.
If the conviction is not your first conviction for DUI or PWID, the mandatory minimum sentence is increased as these are considered recidivist offenses. That is, the sentence for the same offense is increased if you have prior convictions for the same offense. In addition, Pennsylvania has a three-strike law for violent offenses. If you are convicted of a second strike, you face a mandatory minimum of ten years incarceration. If convicted of a third strike, the judge must impose a sentence of no less than twenty-five years and can impose a life sentence.
You need the assistance of a Philadelphia Criminal Defense Attorney
You need to consult an attorney at the earliest possible time. There are legal defenses that can be raised and there are times when negotiations with the prosecution are a tactic to use in order to avoid a conviction carrying a mandatory minimum sentence.
Pennsylvania’s Mandatory Minimum Sentencing Provisions
As of December 2008 (Please see statute for details and up-to-date listing)
| Relevant Title/Section | Description | Mandatory Minimum Sentence | Prosecutorial Notice Requirement |
| 18 Pa. C.S. §1102(a); 18 Pa. C.S. §2502(a); 42 Pa. C.S. §9711 |
Murder of the first degree. | Death or life imprisonment | No notice required |
| 18 Pa. C.S. §1102(a); 18 Pa. C.S. §2507(a) |
Murder of a law enforcement officer of the first degree |
Death or life imprisonment | No notice required |
| 18 Pa. C.S. §1102(a); 18 Pa. C.S. §2604(a) |
First-degree murder of an unborn child. | Life imprisonment | No notice required |
| 18 Pa. C.S. §1102(b); 18 Pa. C.S. §2502(a); |
Murder of the second degree. | Life imprisonment | No notice required |
| 18 Pa. C.S. §1102(b); 18 Pa. C.S. §2507(b) |
Murder of a law enforcement officer of the second degree |
Life imprisonment | No notice required |
| 18 Pa. C.S. §1102(b); 18 Pa. C.S. §2604(b) |
Second-degree murder of an unborn child. | Life imprisonment | No notice required |
| 18 Pa. C.S. §2506; 35 P.S. §780-113(a)(14) or (30) |
Drug delivery resulting in death. | 5 years total confinement | No notice required |
| 18 Pa. C.S. §2704 | Assault by life prisoner. | Life imprisonment | No notice required |
| 18 Pa. C.S. §2716(b)(1) | Weapons of mass destruction and use resulted in the death of an individual. |
Life imprisonment | No notice required |
| 18 Pa. C.S. §3301(a)(2) | Arson endangering persons as the murder of the first degree |
Death or life imprisonment | No notice required |
| 18 Pa. C.S. §3301(a)(2) | Arson endangering persons as the murder of the second degree. |
Life imprisonment | No notice required |
| 18 Pa. C.S. 5123(a.1) | Controlled substance contraband to confined person. |
2 years total confinement | No notice required |
| 18 Pa. C.S. 6111(h) | Sale or transfer of firearms; subsequent Violation |
5 years imprisonment | Notice required prior to sentencing / Proof required at sentencing |
| 18 Pa. C.S. §6121 | Certain bullets prohibited | 5 years imprisonment | No notice required |
| 18 Pa. C.S. §6314(a); 35 P.S. §780-113 (a)(14) or (30) |
Sentencing and penalties for trafficking drugs to minors |
1-year total confinement | Notice required prior to sentencing / Proof required at Sentencing |
| 18 Pa. C.S. §6314(b); 35 P.S. §780-113 (a)(14) or (30) |
Sentencing and penalties for trafficking drugs to minors. (promoting habitual use or engage in trafficking, 1,000 feet of real property of the school, school bus, 500 feet school bus stop) |
3 years total confinement | Notice required prior to sentencing / Proof required at Sentencing |
| Relevant Title/Section | Description | Mandatory Minimum Sentence | Prosecutorial Notice Requirement |
| 18 Pa. C.S. §6317; 35 P.S. §780-113 (a)(14) or (30) |
Drug-free school zones | 2 years total confinement / 4-year maximum |
Notice required prior to sentencing / Proof required at sentencing |
| 42 Pa. C.S. §9712 | Sentences for offenses committed with firearms. |
5 years total confinement | Notice required prior to sentencing / Proof required at Sentencing |
| 42 Pa. C.S. §9712.1 35 P.S. §780-113(a)(30) |
Certain drug offenses committed to firearms. 5 |
Life imprisonment | Notice required prior to sentencing / Proof required at sentencing |
| 42 Pa. C.S. §9713 | Two/Three Strikes | Notice required prior to sentencing / Proof required at Sentencing |
|
| 2nd conviction for the crime of violence | 10 years | ||
| 3rd or subsequent conviction for a crime of violence. |
25 years total confinement or life imprisonment |
||
| 42 Pa. C.S. §9715 | Life Imprisonment for homicide. (previously convicted of murder or voluntary manslaughter) |
Life imprisonment | Notice required prior to sentencing / Proof required at Sentencing |
| 42 Pa. C.S. §9716 | Two or more mandatory minimum sentences applicable. | The longest mandatory minimum applies | |
| 42 Pa. C.S. §9717 | Sentences for offenses against elderly persons. | Notice required prior to sentencing / Proof required at Sentencing |
|
| 18 Pa. C.S. §2702 (a)(1) & (a)(4) |
Aggravated Assault | 2 years imprisonment | |
| 18 Pa. C.S. §3121 | Rape | 5 years imprisonment | |
| 18 Pa. C.S. §3123 | IDSI | 5 years imprisonment | |
| 18 Pa. C.S. §3922 | Theft by deception | 1-year imprisonment (unless the court finds justifiable cause) |
|
| Relevant Title/Section | Description | Mandatory Minimum Sentence | Prosecutorial Notice Requirement |
| 42 Pa. C.S. §9718 | Sentences for offenses against victims younger than age 16 years | Notice required prior to sentencing / Proof required at sentencing |
|
| 18 Pa. C.S. §2702 (a)(1) & (a)(4) |
Aggravated assault | 2 years imprisonment | |
| 18 Pa. C.S. §3121(a)(1)-(5) | Rape | 10 years imprisonment | |
| 18 Pa. C.S. §3123 | IDSI | 10 years imprisonment | |
| 18 Pa. C.S. §3125 (a)(1)-(6) |
Aggravated indecent assault | 5 years imprisonment | |
| 42 Pa. C.S. §9718 | Sentences for offenses against victims younger than age 13 years | Notice required prior to sentencing / Proof required at sentencing |
|
| 18 Pa. C.S. §2702(a)(1) | Aggravated assault | 5 years imprisonment | |
| 18 Pa. C.S. §3121 (c) and (d) |
Rape | 10 years imprisonment | |
| 18 Pa. C.S. §3125(a)(7) | Aggravated indecent assault | 5 years imprisonment | |
| 18 Pa. C.S. §3125(b) and (a)(1)-(6) |
Aggravated indecent assault | 10 years imprisonment | |
| 42 Pa. C.S. §9718.2 | Sentences for sex offenses | Notice required prior to sentencing / Proof required at sentencing |
|
| Current conviction of a Megan’s Law offense and previously convicted of Megan’s Law offense or equivalent |
25 years confinement / maximum double minimum |
||
| Current conviction of a Megan’s Law offense and previously convicted of 2 or more Megan’s Law offenses or equivalent. |
Life imprisonment | ||
| 42 Pa. C.S. §9718.3 | Sentences for failure to comply with registration of sexual offenders. | Notice required prior to sentencing / Proof required at sentencing |
|
| 1st offense/subject to 42 §9795.1(a) violated 18 §4915(a)(1) or (2) violated 18 §4915(a)(3) |
2 years3 years | ||
| 1st offense/subject to 42 §9795.1(b) violated 18 §4915(a)(1) or (2) violated 18 §4915(a)(3) |
3 years5 years | ||
| 2nd offense/subject to 42 §9795.1 violated 18 §4915(a)(1) or (2) |
5 years | ||
| 2nd + offense / subject to 42 §9795.1 violated 18 §4915(a)(3) |
7 years | ||
| 42 Pa. C.S. §9719 | Sentences for offenses committed while impersonating a law enforcement officer. |
3 years total confinement | Notice required prior to sentencing / Proof required at sentencing |
| Relevant Title/Section | Description | Mandatory Minimum Sentence |
Prosecutorial Notice Requirement |
| 42 Pa. C.S. §9719.1; 18-2702.1 | Assault of law enforcement officer in the first degree (discharging firearm) | 20 years imprisonment | No notice required |
| Relevant Title/Section | Description | Mandatory Minimum Sentence | Prosecutorial Notice Requirement |
| 35 P.S. §780-113(k) | Manufacture of amphetamines, methamphetamine, or phenylacetone, and phenyl-2-propanone |
2 years total confinement | No notice required |
| 18 Pa.C.S. §7508 35 P.S. §780-113 (a)(14), (30) & (37) |
Drug trafficking sentencing and penalties | The notice required prior to sentencing / Proof required at sentencing |
|
| 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 |
||
| Narcotics of Schedule I or II | |||
| 2 grams to < 10 grams | 1st conviction: 2 years subsequent: 3 years |
||
| 10 grams to < 100 | 1st conviction: 3 years subsequent: 5 years |
||
| 100 grams or more | 1st conviction: 5 years subsequent: 7 years |
||
| Cocaine | |||
| 2 grams to < 10 grams | 1st conviction: 1 year 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 |
||
| Relevant Title/Section | Description | Mandatory Minimum Sentence | Prosecutorial Notice Requirement |
| Amphetamine | |||
| 5 grams or more | 1st conviction: 2.5 years subsequent: 5 years |
||
| Methaqualone | |||
| 50 tablets to < 200 tablets or 25 grams to < 100 grams |
1st conviction: 1 year subsequent: 3 years |
||
| 200 tablets or more or > 100 grams |
1st conviction: 2.5 years subsequent: 5 years |
||
| MDMA | |||
| 15 grams to < 30 grams | 1st conviction 5-year maximum subsequent 10-year maximum |
||
| 30 grams to < 300 grams | 1st conviction 10-year maximum subsequent 20 year maximum |
||
| 300 grams or more | 1st conviction 15-year maximum subsequent 30 year maximum |
||
Pennsylvania’s Vehicle/Boating/DUI-Related Mandatory Minimum Sentencing Provisions
As of December 2008 (Please see statute for details and up-to-date listing)
| Relevant Title/Section | Description | Mandatory Minimum Sentence | Prosecutorial Notice Requirement |
| Vehicle / DUI-Related | |||
| 75 Pa. C.S. §1543(b) | Driving while operating privilege is suspended or revoked, DUI-related. |
60 days, unless imbibing 1st offense 90 days 2nd offense 6 months 3rd+ offense 2 years |
No notice required |
| 75 Pa. C.S. §3735 | Homicide by vehicle while DUI. | 3 years Consecutive 3 years for each victim. |
No notice required |
| 75 Pa. C.S. §3742 | Accidents involving death or personal injury; leaving the scene of the accident. Victim suffers SBI Victim dies |
90 days 1-year imprisonment |
No notice required |
| 75 Pa. C.S. §3802 | Driving under influence of alcohol or controlled substance. | No notice required | |
| (a)(1) incapable of driving safely or (a)(2) BAC.08 – <10 |
1st conviction 6 months probation 2nd conviction 5 days 3rd+ conviction 10 days |
||
| (a)(1) incapable of driving safely involving accident, or (b) BAC .10 – <.16, or (e) minor, or f) commercial/school vehicle |
1st conviction 48 hours 2nd conviction 30 days 3rd conviction 90 days 4th+ conviction 1 year |
||
| (a)(1) incapable of driving safely involving refused to test, or (c) BAC .16 or greater, (d) controlled substances |
1st conviction 72 hours 2nd conviction 90 days 3rd+ conviction 1 year |
||
| 75 Pa. C.S. §3808 | Illegally operating a motor vehicle not equipped with an ignition lock. |
90 days | No notice required |
| Relevant Title/Section | Description | Mandatory Minimum Sentence | Prosecutorial Notice Requirement |
| Watercraft | |||
| 30 Pa. C.S. §5502 | Operating watercraft under influence of alcohol or controlled substance. | No notice required | |
| (a)(1) incapable of safe operation | 1st offense 6 months prob. 2nd offense 5 days 3rd+ offense 10 days |
||
| (a)(1) refuse to test | 1st offense 72 hours 2nd offense 90 days 3rd+ offense 1 year |
||
| (a)(1) accident | 1st offense 48 hours 2nd offense 30 days 3rd offense 90 days 4th+ offense 1 year |
||
| a)(2) BAC .08 – < .10 | 1st offense 6 months prob. 2nd offense 5 days 3rd + offense 10 days |
||
| (a.1) BAC .10 – < .16 | 1st offense 48 hours 2nd offense 30 days 3rd offense 90 days 4th+ offense 1 year |
||
| (a.2) BAC .16+ | 1st offense 72 hours 2nd offense 90 days 3rd+ offense 1 year |
||
| (a.3) controlled substance | 1st offense 72 hours 2nd offense 90 days 3rd+ offense 1 year |
||
| a.4) under 21 years of age | 1st offense 48 hours 2nd offense 30 days 3rd offense 90 days 4th+ offense 1 year |
||
| 30 Pa. C.S. §5502.1 | Homicide by watercraft while operating under the influence. |
3 years imprisonment | No notice required |
Attorney Brian M. Fishman, a Philadelphia County criminal defense lawyer with the Fishman Firm, LLC, is an experienced attorney who knows how to attack a case and do all he can to avoid a mandatory even if a conviction for certain offenses seems inevitable. He is a former Philadelphia Assistant District Attorney with over a decade of criminal law experience. He is a zealous advocate for his clients who he views as good people in a bad situation. Attorney Fishman values communication with his clients. You can count on him to promptly return your phone calls and respond to your emails.
Contact Us
The Fishman Firm, LLC, is a criminal law firm located in Philadelphia, PA. Attorney Brian M. Fishman is a DUI lawyer and criminal defense attorney who concentrates his practice on defending the rights of those accused of criminal offenses. He has successfully defended clients in a wide range of criminal cases, and will aggressively defend your rights in court and in negotiations outside the courtroom. If you have been charged with any criminal offense in Philadelphia, Montgomery, Delaware, Bucks or Chester county, contact Brian M. Fishman at his Philadelphia office to schedule a free consultation with an experienced Philadelphia criminal defense lawyer.
