Strike Two

My sister had a conviction for robbery. She got 5-10. She was out on parole. She just got locked-up for a new robbery. What is she really looking at? Do I need to hire a criminal defense attorney?

This is a more complicated question that you think it is. In Pennsylvania there exists a three strike law. A strike is defined by statute, but generally it is a felony of the first degree that involves extreme violence; armed robbery would be one of these.

When a person is convicted of the first strike, nothing special happens at sentencing. When a person is convicted of the second strike, a mandatory minimum of 10-20 years must be applied at sentencing, meaning the defendant may not get less that 10-20 years. When a person is convicted of a third strike, they get life.

In your question, you stated that your sister got 5-10 on the first case. Was that a strike? Armed robbery has its own independent mandatory of 5-10, so my guess is that it was a first strike. The new case you said is an armed robbery, so if she is convicted of F-1 Robbery and she used a firearm in the robbery, she is looking at a mandatory 10-20. Also note, the judge could give her more.

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