ALLEGHENY COUNTY COURT REDUCES SENTENCE FROM 70-140 MONTHS TO 18-36 MONTHS FOR MAN CONVICTED OF FIREARMS OFFENSE

Through prior counsel, the defendant pled guilty to one count of Person Not to Possess Firearms. This offense prohibits certain individuals—those with certain prior convictions or juvenile adjudications, or who are otherwise subject to enumerated disqualifying conditions—from possessing firearms. The default grading of the offense is a misdemeanor of the first degree (carrying a statutory maximum sentence of two-and-a-half to five years of incarceration). However, the offense may be graded as a felony of first degree (carrying a statutory maximum of 10 to 20 years) or a felony of the second degree (carrying a statutory maximum sentence of five to 10 years), depending on the nature of the disqualifying conviction or condition and the factual circumstances of the case at hand.

In this case, the offense was graded as a felony of the first degree, and the defendant was sentenced to a 70 to 140 month term of incarceration.

Attorney Noel was retained to investigate whether the defendant had potentially meritorious claims under Pennsylvania’s Post Conviction Relief Act, also known as the “PCRA.” After completing a diligent and thorough investigation of her client’s criminal history and the facts of the case, Attorney Noel realized that her client’s offense should have been graded as a misdemeanor of the first degree, not a felony of the first degree.

Attorney Noel filed a PCRA Petition alleging that her client’s prior attorney provided ineffective assistance of counsel for failing to correct this significant mistake in grading. Additionally, Attorney Noel alleged that the sentence imposed, 70 to 140 months of incarceration, exceeded the maximum sentence authorized by law for misdemeanors of the first degree and was, therefore, illegal.

After reviewing the PCRA Petition filed by Attorney Noel, the Commonwealth agreed that Attorney Noel’s client was entitled to relief. Attorney Noel provided representation at her client’s resentencing hearing, and his sentence was reduced from 70 to 140 months of incarceration to only 18 to 36 months of incarceration—a fraction of the sentence originally imposed.