How to Read the Pennsylvania Gravity Score Chart

The Pennsylvania gravity score chart, formally the basic sentencing matrix in the state’s sentencing guidelines, is read by locating the Offense Gravity Score for the crime on one axis, the defendant’s Prior Record Score on the other, and reading the recommended minimum sentence in months from the cell where the two meet. The current chart is the 8th Edition, effective January 1, 2024, and it lives at 204 Pa. Code § 303.16(a).1Legal Information Institute. 204 Pa Code 303.16 – Basic Sentencing Matrix

The Two Axes

The chart is a grid. The vertical axis is the Offense Gravity Score (OGS), which measures how serious the crime is. The horizontal axis is the Prior Record Score (PRS), which measures the defendant’s criminal history. Pick the row for the offense, pick the column for the record, and the cell at the intersection holds the recommended sentence range. Every number in that cell is months of minimum confinement, not the total length of the sentence.1Legal Information Institute. 204 Pa Code 303.16 – Basic Sentencing Matrix

Finding the Offense Gravity Score

Every felony and misdemeanor in the Pennsylvania Crimes Code is assigned an OGS from 1 to 15. One is the least serious, 15 is reserved for first- and second-degree murder.2Legal Information Institute. 204 Pa Code 303.3 – Offense Gravity Score-General To find the score for a specific statute, use the offense listing at 204 Pa. Code § 303.15, which pairs every criminal statute with its assigned number.3Pennsylvania Code. 204 Pa Code 303.15 – Offense Listing

For a sense of the scale: low-level misdemeanors like disorderly conduct or minor drug possession sit at 1 or 2. Mid-range offenses such as burglary of a non-residential building or theft of larger amounts cluster around 5 to 7. Serious violent crimes like robbery with a firearm or aggravated assault causing serious bodily injury land at 11 to 13.

Finding the Prior Record Score

The PRS has eight categories. Six are point-based: 0, 1, 2, 3, 4, and 5. Two are special designations for defendants with heavy records.4Pennsylvania Code. 204 Pa Code 303.4 – Prior Record Score-Categories A defendant with no prior convictions is a 0.

Prior convictions earn points based on their type. Murder, completed crimes of violence under 42 Pa.C.S. § 9714(g), and prior offenses with an OGS of 11 or higher count four points each. Other Felony 1 convictions and large-scale drug offenses count three. Felony 2 convictions and other felony drug offenses count two. Remaining felonies, plus certain weapon-related or child-endangering misdemeanors and second or subsequent DUIs, count one. Most ordinary misdemeanors are grouped: two or three add a point, four to six add two, seven or more add three.5Legal Information Institute. 204 Pa Code 303.7 – Prior Record Score-Guideline Points Scoring

Points are added up, then capped at 5 for the numeric categories. Beyond the cap, two special PRS classifications apply. The Repeat Felony 1 and Felony 2 Offender category (RFEL) kicks in when a defendant’s F1 and F2 prior convictions reach six or more points. The Repeat Violent Offender category (REVOC) applies when a defendant has two or more four-point priors and the current offense is OGS 9 or above.4Pennsylvania Code. 204 Pa Code 303.4 – Prior Record Score-Categories RFEL and REVOC columns on the chart carry recommendations substantially higher than the PRS 5 column.

What the Number in the Cell Means

Each cell holds a range in months, and that range is the standard recommendation for the minimum portion of the sentence. A cell showing “12–24,” for example, recommends a minimum sentence somewhere between 12 and 24 months. The maximum portion of the sentence is set separately under Pennsylvania law and is not drawn from the matrix.

Cells are also sorted into five sentencing levels that tell the judge what kind of confinement or alternative is on the table. Level 1 cells are marked “RS” for restorative sanctions, meaning no confinement at all: fines, community service, restitution. Level 2 opens up county jail or restrictive intermediate punishments. Level 3 allows state or county incarceration, with restrictive intermediate punishments as a substitute. Level 4 is state incarceration with the same substitute option. Level 5 is state incarceration only.

Restrictive intermediate punishments, often shortened to RIP, include things like house arrest with electronic monitoring and inpatient drug treatment. When a cell reads something like “RS–6,” the judge can impose anything from restorative sanctions up to a six-month minimum, with RIP available in the middle of that range.1Legal Information Institute. 204 Pa Code 303.16 – Basic Sentencing Matrix

Standard, Aggravated, and Mitigated Ranges

The number range in the cell is the standard range. A judge who finds aggravating circumstances may go above it; a judge who finds mitigating circumstances may go below it. How far depends on how serious the offense is. For OGS 1 through 5, the aggravated and mitigated ranges extend up to three months on either side. For OGS 6 and 7, up to six months. For OGS 8, up to nine months. For OGS 9 through 13 on the aggravated side (and 9 through 14 on the mitigated side), up to twelve months.6Pennsylvania Code. 204 Pa Code 303.13 – Guideline Sentence Recommendations

Two edge cases are worth knowing. If the bottom of the standard range is three months or less, the mitigated range drops all the way to restorative sanctions. If the standard range is already restorative sanctions, the aggravated range becomes 1 to 3 months.

Enhancements That Change the Chart You Use

Certain facts about the offense pull the sentence off the basic matrix and onto an enhanced one. If a deadly weapon was possessed or used during the crime, the deadly weapon enhancement matrices at § 303.17(a) and § 303.17(b) apply instead, with “used” producing a bigger bump than “possessed.”7Pennsylvania Code. 204 Pa Code 303.10 – Guideline Sentence Recommendations If a drug delivery offense took place within 250 feet of a school, involved distribution to someone under 18, or both, a school and youth enhancement applies and widens the range at the top.

Before reading a number out of the basic matrix, confirm that none of these enhancements apply. If one does, you need the enhanced matrix for that cell instead.

The Guidelines Are Advisory

Pennsylvania’s sentencing guidelines are advisory. The judge must consult the chart but is not bound by it, and may sentence above the aggravated range or below the mitigated range when the case calls for it. The condition is that the judge place specific reasons on the record explaining why the guideline range was inadequate. That written justification is reviewable on appeal.

Make Sure You Have the Right Edition

The guidelines edition in effect at the time of the offense is the one that governs the sentence, not the edition in effect at the hearing. The 8th Edition took effect January 1, 2024.8Pennsylvania Code. 204 Pa Code Chapter 303a – Sentencing Guidelines, 8th Edition For an offense that occurred before that date, the 7th Edition applies, even if the sentencing happens years later. The Pennsylvania Commission on Sentencing keeps archived editions on its website for that reason.9Pennsylvania Commission on Sentencing. Pennsylvania Commission on Sentencing Check the offense date first, then pull the matching chart.