(Editor’s note: The information in this special series is for educational purposes only and is not intended to address any particular case, nor should any articles be taken as legal advice. Always consult with an attorney on any legal matter.)

After an offender is convicted of a crime, the judge will set a sentencing date. For all cases other than death-penalty cases, the judge determines the appropriate sentence even if the offender was convicted by a jury. A lot of people have asked me how sentences are determined. Oftentimes, particularly if an offender was convicted of a crime of violence, I will hear people express that the judge did not impose a long enough sentence. The judge has the task of imposing a sentence in line with the objectives of the criminal justice system: punishment, deterrence and rehabilitation.

This sentencing process isn’t arbitrary, however; it is driven by the legislature, which sets the range of sentences based on the seriousness of the offense and the defendant’s prior criminal history. This range, often referred to as “sentencing guidelines,” is depicted in a grid, which reflects an increasing penalty as the seriousness of the crime increases and the offender’s prior criminal history increases.

The district attorney’s office often makes a sentencing recommendation to the court as well with consideration given to the sentencing guidelines and input from the victim. While judges often adhere to these guidelines, they have discretion to deviate from them, as long as they place the reasons for deviation on the record.

In 2024, the legislature revised the sentencing guidelines. The new guidelines are drastically different from the prior version because they primarily consider only the most serious offenses in an offender’s prior record.

In Pennsylvania, every sentence that includes incarceration, must identify the minimum and the maximum and where the sentence is to be served. For example, a sentence of 30 days (“the minimum”) to 12 months (“the maximum”) equals incarceration in the county jail for approximately 30 days. The remainder of the 12 months is called parole – supervision that follows incarceration.

If the maximum sentence is less than 24 months, that sentence would generally be served in the county jail. For county sentences, an offender is almost always paroled as soon as he has satisfied his minimum sentence and then he remains on parole until he has served his maximum sentence.

Longer sentences are served in state prison. One big difference in a state sentence is that the parole date is not automatic but left to the discretion of the parole board. If no jail is imposed but the judge believes the offender needs supervision, he will impose probation.

Probation, like parole, means supervision, but is drastically different from parole in one aspect: if an offender violates his probation, he can be resentenced up to the maximum for the grading of the underlying offense. If, for example, his underlying crime was a misdemeanor 1, the statutory maximum is 5 years. Almost certainly an offender will not be resentenced to 5 years of incarceration for a first violation, but the judge has a lot of discretion in resentencing for probation violations. This possible sanction for violation is considered a deterrent.

Violations of parole (supervision that follows incarceration) are not able to be sanctioned with the same severity. For example, an offender serving 30 days to 12 months who violates his parole only faces recommitment of the 12 months maximum on his sentence. Stated another way, probation violations allow a judge to resentence an offender for a lengthy period.

Other aspects of a sentence are restitution for any financial loss by a victim, court costs for the expenses incurred in prosecution – such as fees for expert reports or expert testimony, mental health evaluations, drug and alcohol evaluations, and “no contact” clauses restricting an offender from having contact with victims or others who may be at risk by the offender. State sentences also have considerations for “early parole” in some cases. These programs are boot camp and recidivism-risk reduction incentive. Offenders must meet eligibility requirements to qualify for these programs – usually they cannot have any history of serious crimes or a history of violence.