June 2014 Update! Over the course of the last decade, Pennsylvania Courts of Common Pleas have, pursuant to Alleyne, held that most if not all of Pennsylvania’s mandatory minimum sentences are unconstitutional. If you know of someone facing a mandatory minimum sentence, or someone who suffered one in the last year, please contact us to see if we can help.
September 2015 Update! It is now well-settled that many of Pennsylvania’s Mandatory Minimum statutes are unconstitutional and unenforceable. Yet we still hear stories of clients being encouraged to plead guilty to a deal in order to avoid these mandatory minimum sentences. Some mandatory sentences are still valid, so it is difficult for a person to know which sentences constitute a legitimate threat and which ones don’t.
The key issue is whether a statute expressly designates a Judge or Jury to determine facts, other than the fact of a prior conviction, that trigger the mandatory sentence. It must be the Jury, and not the Judge, who determines such facts or the statute is unconstitutional. This implicates most drug-related mandatory minimum sentences, but please feel free to contact us to determine if your sentence is implicated.
Pennsylvania has many different mandatory minimum sentences on its books. A mandatory minimum sentence is the minimum that a Judge must impose if you are found guilty of the underlying crime to which it applies. In such a circumstance the Judge has no discretion to consider mitigating factors such as age, remorse, character witnesses, no prior record, etc. A Judge can reject a mandatory minimum sentence that is inherently unfair but in practice in Montgomery County and Bucks County that never happens. Mandatory minimum sentences are controlled by the District Attorney. If the District Attorney chooses not to impose the mandatory then it need not be imposed. This frequently occurs where a defendant cooperates with law enforcement or in plea-bargaining.
Please contact Fairlie & Lippy for a free consultation regarding any questions or concerns that you may have about the information posted here pertaining to mandatory minimum sentences. We can be reached at steve@fairlielaw.net or (215) 997-1000. Be aware that statutes are frequently updated and we are more focused on trying cases, practicing law, meeting with clients, etc. than updating the mandatory minimum sentences on this page, so this should only be used as a guideline. There is no substitute for an in-depth consultation with a highly competent Pennsylvania Criminal Defense Attorney.
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. §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 death of an individual. | Life imprisonment | No notice required |
| 18 Pa. C.S. §3301(a)(2) | Arson endangering persons as murder of the first degree | Death or life imprisonment | No notice required |
| 18 Pa. C.S. §3301(a)(2) | Arson endangering persons as 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 |
| 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 |
| 18 Pa.C.S. §7508 35 P.S. §780-113 (a)(14), (30) & (37) | Drug trafficking sentencing and penalties | 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 | ||
| 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)
| 75 Pa. C.S. §3808 | Illegally operating motor vehicle not equipped with ignition lock. | 90 days | No notice required |
| 30 Pa. C.S. §5502.1 | Homicide by watercraft while operating under the influence. | 3 years imprisonment | No notice required |
Please contact Fairlie & Lippy for a free consultation regarding any questions or concerns that you may have about the information posted here pertaining to mandatory minimum sentences. We can be reached at steve@fairlielaw.net or (215) 997-1000. Be aware that statutes are frequently updated and we are more focused on trying cases, practicing law, meeting with clients, etc. than updating the mandatory minimum sentences on this page, so this should only be used as a guideline. There is no substitute for an in-depth consultation with a highly competent Norristown, Pennsylvania Criminal Defense Attorney.
