If you’ve been charged with a crime in Pennsylvania, you’ve probably heard the term “offense gravity score” or OGS. Maybe your attorney mentioned it, or it came up in court, and now you’re wondering what it really means for your case.
Let me break it down for you. The offense gravity score plays a huge role in determining your sentence if you’re convicted. It can make the difference between probation and prison, or between a shorter sentence and a longer one. So understanding it isn’t just important—it’s essential.
What Is an Offense Gravity Score (OGS)?
In simple terms, the offense gravity score is a number assigned to a crime based on how serious it is. Every crime in Pennsylvania’s criminal code has a specific OGS. For example, a low-level offense like simple possession of marijuana might have an OGS of 1, while a more serious crime like aggravated assault could have an OGS of 8 or higher.
The higher the OGS, the more severe the punishment. Judges use this score, along with your prior record score (PRS), to figure out where you fall on Pennsylvania’s sentencing guidelines. Think of it like a math equation: OGS + PRS = Your Recommended Sentence.
Why Does the OGS Matter So Much?
Let’s say you’re charged with two crimes—one with an OGS of 3 and another with an OGS of 9. Even if the circumstances around the two crimes are similar, the one with the higher OGS will come with a much harsher sentencing range.
For example:
- An OGS of 3 might have a sentencing range of probation to 9 months in jail.
- An OGS of 9 might mean 36 to 54 months in prison.
See the difference? That’s why it’s so important to understand how this score works and how it affects your case.
How Is the OGS Determined?
The Pennsylvania Commission on Sentencing assigns each offense an OGS based on factors like:
- The harm caused by the crime. Was anyone injured? Was property damaged?
- The level of intent. Did you act recklessly, or was the crime premeditated?
- The type of victim. Crimes against vulnerable people, like children or the elderly, often have higher OGS values.
For example, burglary has different OGS levels depending on whether someone was home at the time. If the house was empty, the OGS might be 6. But if someone was inside, it could jump to 9 or higher.
How Can the OGS Help You?
Now, you might be thinking, “Isn’t the OGS always bad?” Not necessarily. In some cases, understanding the OGS can work to your advantage. Here’s how:
1. Negotiating a Plea Deal
If your attorney knows the OGS for your charge, they can use it to negotiate a better plea deal. For example, if you’re charged with a crime that has an OGS of 8, your lawyer might negotiate it down to a lesser charge with an OGS of 4. That could mean the difference between a few months of probation and years in prison.
2. Challenging the OGS in Court
Sometimes, the OGS assigned to your charge might not be accurate. Let’s say you’re charged with theft. If the prosecution claims the stolen property was worth $25,000, the OGS could be much higher than if the value was $2,000. Your attorney can challenge the evidence and argue for a lower OGS, which could lead to a lighter sentence.
3. Highlighting Mitigating Factors
Judges have some discretion when sentencing, even within the guidelines. If your lawyer can present strong mitigating factors—like your lack of a criminal record or your role in the community—they might persuade the judge to sentence you at the lower end of the range for your OGS.
How Can the OGS Hurt You?
Unfortunately, the OGS can also work against you. Here’s how:
1. Stacking Charges
If you’re facing multiple charges, each one comes with its own OGS. Even if the individual scores are low, the combined sentences can add up fast. This is especially true if the judge orders consecutive sentences (one after the other) instead of concurrent ones (served at the same time).
2. Overcharging by the Prosecution
Prosecutors sometimes charge defendants with crimes that carry higher OGS values to pressure them into accepting a plea deal. For example, they might charge someone with aggravated assault (OGS 8) instead of simple assault (OGS 3) to make the potential sentence seem more intimidating.
3. Enhancements for Specific Factors
Certain circumstances can increase the OGS for a crime. For example:
- Using a deadly weapon.
- Committing the crime against a vulnerable victim.
- Acting as part of a criminal enterprise.
These enhancements can significantly raise your sentencing range, even for a relatively low-level crime.
A Client’s Story
I once represented a client who was charged with theft. The prosecution claimed the stolen items were worth over $10,000, which gave the charge an OGS of 6. But when we dug deeper, we found out the actual value was closer to $3,000. After presenting this evidence in court, the OGS was reduced to 4.
That one change lowered my client’s sentencing range dramatically. Instead of facing 12 to 18 months in prison, they received probation. This shows how crucial it is to examine every detail of your case.
What Can You Do to Protect Yourself?
If you’re facing criminal charges, here’s what you can do:
1. Hire an Experienced Attorney
This is not the time to go it alone. An experienced attorney knows how to interpret the sentencing guidelines, challenge the prosecution’s evidence, and advocate for the best possible outcome.
2. Understand the Charges Against You
Ask your attorney to explain the OGS for each charge you’re facing. The more you understand, the better equipped you’ll be to make informed decisions.
3. Gather Evidence to Support Your Case
If the OGS hinges on specific factors—like the value of stolen property or the presence of a weapon—gather any evidence that might contradict the prosecution’s claims. This could include receipts, surveillance footage, or witness statements.
4. Consider a Plea Deal Carefully
Plea deals can be a good option in some cases, but you should never accept one without fully understanding its implications. Your attorney can help you weigh the pros and cons.
Final Thoughts
The offense gravity score is more than just a number—it’s a critical factor that can shape the outcome of your case. Whether it helps or hurts you depends largely on the specifics of your situation and the strategy your attorney uses.
If you’re facing criminal charges in Pennsylvania, don’t leave your future to chance. Work with an experienced attorney who understands the sentencing guidelines and knows how to fight for the best possible outcome. With the right approach, you can minimize the impact of the OGS and protect your rights.
Remember, you don’t have to face this alone. If you have questions about your case or want to learn more about how the OGS might affect you, reach out to a lawyer who can guide you every step of the way.
- Criminal Law
- Drug Crimes
- DUI
- Gun Charges
- Theft
- Traffic Violations
