byrd42 said:
PA
What is the minimium sentence in PA for the following first offenses (well other DV's did not show up on Criminal Records??? only one DUI). DA is reducing charges my word against his), so much for DV victims.;
Indecent Sexual Contact
Simple Assault
1 oz. Pot
Paraphanalia
Resisting Arrest
Thanks, for any input.
I want to warn you that this is a lengthy post and an answer to your question isn't given (the explanation is at the bottom).
I'm finding these two, but not the "Indecent sexual contact".
From Pennsylvania statutes:
§ 3125. Aggravated indecent assault.
Except as provided in sections 3121 (relating to rape), 3122.1 (relating to statutory sexual assault), 3123 (relating to involuntary deviate sexual intercourse) and 3124.1 (relating to sexual assault), a person who engages in penetration, however slight, of the genitals or anus of a complainant with a part of the person's body for any purpose other than good faith medical, hygienic or law enforcement procedures commits aggravated indecent assault, a felony of the second degree, if:
1. the person does so without the complainant's consent;
2. the person does so by forcible compulsion;
3. the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
4. the complainant is unconscious or the person knows that the complainant is unaware that the penetration is occurring;
5.the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
6. the complainant suffers from a mental disability which renders him or her incapable of consent;
7. the complainant is less than 13 years of age; or
8. the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.
§ 3126. Indecent assault.
(a) Offense defined.--A person who has indecent contact with the complainant or causes the complainant to have indecent contact with the person is guilty of indecent assault if:
1. the person does so without the complainant's consent;
2. the person does so by forcible compulsion;
3. the person does so by threat of forcible compulsion that would prevent resistance by a person of reasonable resolution;
4. the complainant is unconscious or the person knows that the complainant is unaware that the indecent contact is occurring;
5. the person has substantially impaired the complainant's power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance;
6. the complainant suffers from a mental disability which renders him or her incapable of consent;
7. the complainant is less than 13 years of age; or
8. the complainant is less than 16 years of age and the person is four or more years older than the complainant and the complainant and the person are not married to each other.
(b) Grading.--Indecent assault under subsection (a)(7) is a misdemeanor of the first degree. Otherwise, indecent assault is a misdemeanor of the second degree.
-----------
§ 2701. Simple assault.
(a) Offense defined.--A person is guilty of assault if he:
1. attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
2. negligently causes bodily injury to another with a deadly weapon; or
3. attempts by physical menace to put another in fear of imminent serious bodily injury.
(b) Grading.--Simple assault is a misdemeanor of the second degree unless committed:
1. in a fight or scuffle entered into by mutual consent, in which case it is a misdemeanor of the third degree; or
2. against a child under 12 years of age by an adult 21 years of age or older, in which case it is a misdemeanor of the first degree.
-------------
Possession of 30 grams or less of marijuana is a misdemeanor, punishable by up to 30 days in jail and a fine of up to $500.
Possession of paraphernalia is a misdemeanor, punishable by up to one year in jail and a fine up to $2,500.
For first offenders, the court may grant probation without verdict.
Pennsylvania allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
-----------
§ 5104. Resisting arrest or other law enforcement.
A person commits a
misdemeanor of the second degree if, with the intent of preventing a public servant from effecting a lawful arrest or discharging any other duty, the person creates a substantial risk of bodily injury to the public servant or anyone else, or employs means justifying or requiring substantial force to overcome the resistance.
------------
Other than the first one, the others are misdemeanors.
Unless stated in the statute what the penalties could be, PA uses a point system. This is where each offense is given a gravity score and uses so many different variables for the offender that no one can give you an accurate answer.
The sentencing part in Pennsylvania gets
very tricky and once you figure out the points for each offense, level, priors**************.. then you would go to the "Guideline Sentence Recommendations".
You can read about it in "CHAPTER 303. SENTENCING GUIDELINES" here:
http://www.pacode.com/secure/data/204/chapter303/chap303toc.html
>)