Maximum Sentence Could Make the Difference Between County Prison or State Prison - And It's a Big Difference

By Scaringi Law Attorney Keith E. Kendall

When negotiating a plea bargain for a client or advocating for a client at a sentencing hearing, it is important to request a maximum sentence of 2 years or less. Even if convicted of a felony offense - a person may not have to spend time in state prison with a 2-year maximum sentence. There is a section of the PA Sentencing Code - 42 P.S. 9262 - which mandates that an offense with a "maximum sentence of 2 years" be served in county prison. And, under limited circumstances, this same law permits (local) county incarceration for up to 5 years. The importance of this law can't be overstated. If a person is eligible for county incarceration, he/she may also be eligible for work release, particularly if the employer values the employee's work enough to preserve his/her employment for work release to be explored and - if possible - sought.The person sentenced to county prison will also be closer to friends and family which will likely increase visitations and make them easier to arrange. I have post-sentence motions pending on a case that addresses just these questions. More on this after the motions are addressed and resolved.

Scaringi Law attorney Keith E. Kendall focuses his practice on criminal defense, family law, and civil litigation. He can be reached at 717-775-7195 or by completing our easy contact form.