Can you legally be sentenced more time than the stautory maximum? It's a simple assault case M2 in Pennsylvania. If it has happened, could you please refrence some cases.
Thank You!
Asked on 12/28/10, 11:30 am
1 Answer from Attorneys
Justin Gearty
Law Office of Justin C Gearty Jr
A judge may sentence a defendant to a sentence above or below the guideline range for offenses that do not have a mandatory min/max, which simple assault does not. However, if a judge gives a sentence above the guideline range, he must provide justification on the record. Sorry, I don't have any case citation handy, but that is the rule in PA.
Answered on 1/02/11, 2:06 pm
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