Pennsylvania Sentencing Guidelines Explained by a Criminal Defense Lawyer
By and large the most common question a Defendant in a criminal case is “how much time am I looking at.” Consequently, it is vital to work with a criminal defense attorney who understands the sentencing guidelines. To ensure consistency and fairness, Pennsylvania uses sentencing guidelines developed by the Pennsylvania Commission on Sentencing.
These framework of the guidelines tasks judges with looking at two main factors:
Offense Gravity Score (OGS): A number assigned to each crime, measuring the severity of the offense. The current guidelines as of September 2025 provide a range of 1-30; G1-G2; and H1-H6.
Prior Record Score (PRS): A score reflecting the defendant’s past criminal history. Generally speaking, more serious prior convictions will result in more severe penalties for the current crime.
By combining the OGS and PRS, a judge can determine a recommended sentencing range.
Standard, Aggravated, and Mitigated Sentences
Prior to sentencing, you may hear about a pre-sentencing investigation or “PSI” report. On the PSI report, the sentencing will be divided into three possible range outcomes:
Standard Range: The typical sentence based on the OGS and PRS.
Aggravated Range: Harsher penalties for cases with aggravating factors (e.g., injury to the victim, use of a weapon; domestic violence).
Mitigated Range: More lenient sentences for mitigating circumstances (e.g., no prior record, community support; admission of guilt).
Do Judges Have to Follow the Guidelines?
No — Pennsylvania’s sentencing guidelines are advisory, not mandatory. While Judges must consider the guidelines, judges can impose a sentence outside the range, and have a great deal of discretion to do so, though they must provide a justification for the deviation from the sentencing. This flexibility means a strong legal defense can make a real difference in sentencing.
Other Factors Judges Consider at Sentencing
Beyond the guidelines, Pennsylvania judges also may consider:
Victim impact statements
The defendant’s personal history and character (this may include someone speaking on the defendant’s behalf)
Whether the defendant accepts responsibility or shows remorse (often times this will be through a guilty plea)
Recommendations from prosecutors and defense attorneys
Statutory mandatory minimums (though many have been limited by court rulings)
Why Sentencing Guidelines Matter in a Criminal Case
Understanding sentencing guidelines can help you and your lawyer anticipate potential outcomes. These outcomes can guide your decisions regarding whether to take a plea earlier in a case at central court (where sentencing may be more lenient) or fight the case at trial. However, because judges are not strictly bound by them, having an experienced Pennsylvania criminal defense attorney is crucial. A skilled lawyer can argue for mitigating factors, challenge the prosecution’s evidence, and fight for the lowest possible sentence.
