Mehndeke t1_j9v2qmv wrote
Reply to comment by muffpatty in Family of elderly man beaten to death with traffic cone blindsided by teen suspect posting bail: 'I lost it' by JBizznass
Legally speaking, it means that F1 can be sentenced to 20-40. Anything more than 20 (on the bottom end) results in an illegal sentence that'll get the defendant a whole new sentencing hearing to correct.
Like I said, it goes back to the "maximum" time a defendant can be held in custody following a conviction without requiring a parole hearing. Which becomes the low end of the spread. It's weird. An F2 can get 10-20, and an F3 can get 7-14. Misdemeanors do the same thing at 5, 2, and 1.
timesyours t1_j9we3vy wrote
PA Criminal defense lawyer here. u/muffpatty is correct and u/mehndeke is slightly off.
The max for an F1 is 20 years (or 10-20 under the min/max rule). 18 Pa. Section 1103
The max for murder 3 is 40 years (or 20-40 under the min-max rule). 18 Pa. Section 1102(d)
If you’re convicted of an F1 you could only be sentenced to more than 20 years if its stacked consecutively with something else. But murder is not an F1, it’s in a category of its own in PA.
ETA: there are also exceptions under the mandatory minimum sentences for 2nd and 3rd strikes for repeat violent convictions. Strike 3 has a 25 year mandatory minimum
Viewing a single comment thread. View all comments