Avoid Harsh Penalties: Special Enhancements in PA Criminal Defense

If you’re facing criminal charges in Pennsylvania, you might have heard about something called “special enhancements.” These enhancements can increase the severity of your sentence—sometimes doubling or even tripling it. Understanding what they are and how they work is critical. As a defense attorney who’s handled cases with these enhancements many times, I can tell you: ignoring them can be the difference between probation and years behind bars. Let’s dive into what special enhancements are, common scenarios where they come into play, and how an experienced attorney can help you fight them.

What Are Special Enhancements in Criminal Defense?

Special enhancements are legal provisions that increase the penalties for certain crimes based on specific factors. These factors can include the use of a weapon, prior convictions, or committing a crime near a school or public park. Pennsylvania’s sentencing guidelines set standard penalties for various offenses, but enhancements kick things up a notch, often adding mandatory minimum sentences or increasing the grading of the offense.

I once had a client who was facing charges for drug possession. Normally, this would have resulted in a relatively light sentence, but because the alleged offense occurred within 1,000 feet of a school, the prosecution was pushing for a mandatory minimum enhancement. This changed everything. What could have been a plea deal with probation turned into a potential multi-year prison sentence.

Why Enhancements Matter So Much

These enhancements matter because they don’t just increase your sentence—they limit judicial discretion. In many cases, judges are bound by law to impose a higher sentence, even if they believe it’s too harsh. That’s why having a lawyer who understands how to challenge these enhancements is crucial.

Types of Sentencing Enhancements in Pennsylvania

Weapon Enhancements

If a firearm or any other deadly weapon is used during the commission of a crime, Pennsylvania law imposes strict penalties. Under 42 Pa.C.S. § 9712, a conviction for certain crimes committed with a firearm carries a mandatory minimum of five years in prison.

Real-Life Example: Defending a Client in a Robbery Case

I remember defending a client in a robbery case where the prosecution claimed he brandished a weapon. Through cross-examination of witnesses and reviewing surveillance footage, we demonstrated that the object wasn’t a weapon but a phone. This argument helped us avoid the five-year enhancement and secured a much lighter sentence.

Drug Enhancements: Quantity and Location Matter

Drug charges can carry enhancements based on the quantity of drugs involved and the location where the offense took place. For example, under 18 Pa.C.S. § 6317, if a drug crime is committed within 1,000 feet of a school, playground, or public housing, an automatic two-year enhancement applies.

• Drug Quantity: Possessing or intending to deliver large quantities of controlled substances triggers higher offense gravity scores, resulting in longer sentences. Learn more about Pennsylvania’s drug schedules.

• Location-Based Enhancements: Enhancements apply if the crime occurs in protected areas like schools or parks.

Repeat Offender Enhancements

Pennsylvania has habitual offender laws that impose harsh penalties for repeat felons. Under 42 Pa.C.S. § 9714, a person convicted of a second violent crime faces a mandatory minimum of 10 years, while a third conviction can result in life imprisonment.

DUI Enhancements

DUI offenses in Pennsylvania come with their own set of enhancements. Multiple DUI offenses, high blood alcohol concentration (BAC) levels, or causing injury while driving under the influence can drastically increase your penalties.

Challenging DUI Enhancements

In one DUI case, the prosecution sought an enhancement for a high BAC level. We successfully challenged the accuracy of the breathalyzer results by bringing in an expert who demonstrated flaws in the machine’s calibration. As a result, the enhancement was thrown out, and the client received a much more favorable sentence.

External link suggestion: Pennsylvania DUI laws and penalties

Domestic Violence Enhancements

Domestic violence charges often carry enhancements if certain aggravating factors are present, such as prior offenses or the use of a weapon. In many cases, these enhancements can result in mandatory counseling, longer probation periods, or additional jail time.

Legal Strategies to Defend Against Enhancements

Challenging the Factual Basis of the Enhancement

The first line of defense is often to challenge whether the enhancement applies at all. This involves:

• Cross-examining witnesses: Were they credible? Did they really see what they claim?

• Disputing evidence: Was the weapon actually used or present?

Negotiating Plea Deals

Sometimes, the best strategy is to negotiate a plea deal that removes the enhancement. Prosecutors may be willing to drop enhancements in exchange for a guilty plea to a lesser offense.

Presenting Mitigating Circumstances

Judges may have limited discretion under mandatory enhancement laws, but presenting mitigating circumstances can sometimes lead to a more lenient sentence. This might involve:

• Demonstrating that the defendant has taken steps toward rehabilitation.

• Showing that the enhancement would result in an unduly harsh punishment given the specific facts of the case.

How Recent Case Law Impacts Enhancements

Recent Pennsylvania appellate cases have clarified how certain enhancements should be applied. Staying on top of these rulings is crucial for defense attorneys. For example, in Commonwealth v. Dixon, the court ruled that the mere presence of a weapon isn’t enough—the prosecution must prove it was used in a threatening manner.

Why You Need an Experienced Criminal Defense Attorney

Navigating special enhancements requires a deep understanding of Pennsylvania law and sharp legal strategy. Having handled numerous cases with enhancements, I know how important it is to dig deep into the evidence, challenge every assumption, and fight for the best possible outcome.

If you’re facing charges with potential enhancements, don’t wait. The earlier you get legal help, the better your chances of avoiding the harshest penalties.

Experienced Family & Criminal Lawyer Serving Mercer, Lawrence, Beaver, and Butler Counties, Pennsylvania. Click here to set up a time