Is an “attempt” a strike in Pennsylvania?

Just for review, a strike is defined as a crime of violence as listed in 42 Pa.C.S. § 9714: murder of the third degree, voluntary manslaughter, aggravated assault as defined in 18 Pa.C.S. § 2702(a)(1) or (2) (relating to aggravated assault), rape, involuntary deviate sexual intercourse, aggravated indecent assault, incest, sexual assault, arson as defined in 18 Pa.C.S. § 3301(a) (relating to arson and related offenses), kidnapping, burglary of a structure adapted for overnight accommodation in which at the time of the offense any person is present, robbery as defined in 18 Pa.C.S. § 3701(a)(1)(i), (ii) or (iii) (relating to robbery), or robbery of a motor vehicle.

A first strike has no immediate consequence. However, a second strike has a mandatory minimum of 10-20 years. A third strike has a mandatory minimum of 25-50 years.

If there is a dispute as to whether a prior conviction is a strike, the defendant has the right to ask for a separate hearing for the judge to determine whether the previous conviction is a strike. The district attorney has the burden. The burden is only a preponderance, not a reasonable doubt. I don’t know if you are entitled to have a jury decide. My guess is that you do not have a right to jury today, but you should have that right and one day you will.

Any criminal attempt or criminal conspiracy is a strike if the underlying crime would be a strike. Solicitation can be a strike, but only if the solicitation was to murder.

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