Let's get the main question out of the way: there is no law in Pennsylvania that reduces the potential penalty for any crime simply because the offender is older. A defendant convicted of voluntary manslaughter, for example, faces a possible prison term of up to 20 years and a fine of up to $25,000. There is nothing in the law that says these penalties don't apply to offenders over a certain age.

That said, there are certain practicalities courts face when dealing with elderly offenders that generally don't apply to younger offenders. Lifespan, for one. It's a simple fact that, on average, an elderly offender is more likely to die in prison than a younger one. In addition, elderly offenders, on average, have more medical problems than younger ones, including dementia. While it may seem obvious that this means that elderly offenders are likely to “get a break” on sentencing versus younger ones, does that mean this actually happens in practice?

The Pennsylvania Study From 2000

A study published in the Journals of Gerontology in 2000 examined sentencing practices in Pennsylvania state courts for the years 1990-1994, which included data from almost 175,000 cases. The Pennsylvania study found that courts do tend to give the elderly a break when it comes to sentencing.

In particular, this study found that elderly offenders were less likely to be imprisoned than their younger counterparts, and if they were sent to prison, they tended to receive shorter prison terms. Moreover, the elder advantage tended to increase with the age of the defendant. The advantage was not uniform for all crimes and all elderly offenders. The study found that it was less for drug-related offenses and that the elder advantage was generally greater for male offenders than for female offenders.

The Federal Report From 2022

A more recent report issued by the US Sentencing Commission in July 2022 focused on federal cases from 2021 where elderly offenders were sentenced for class A misdemeanor or felony convictions. The report found that elderly offenders were more likely than younger ones to receive an alternative sentence or a fine, with the use of alternative sentences increasing significantly as the age of the offender increased. For example, where 10.3% of offenders under age 50 received an alternative sentence, 42.1% of those 70 or older did.

On the other hand, the report also noted that more than forty percent of offenders over the age of 70 who received a prison sentence received one that exceeded their life expectancy, versus just over seven percent for offenders aged 65-69 and less than one percent for offenders under age 50. And the prison sentences of elderly offenders were generally only a bit shorter than the sentences of younger offenders.

Elderly Defendants Need Effective Representation

If you are an older person who has been arrested or charged with a crime, you need the services of a knowledgeable and experienced criminal defense attorney who knows how the system works and can help you defend yourself, especially when you face the possibility of jail time. Our Criminal Law Team at the LLF Law Firm has years of experience representing defendants of all ages in criminal proceedings in Pennsylvania. Contact our Criminal Law Team and the LLF Law Firm toll-free at 888-535-3686or contact us online today.