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You will begin by mapping your jurisdiction’s criminal code (i.e., all the possible criminal charges that a client could be charged with in adult criminal court) to the NPDWS case types. Each possible criminal charge must be assigned to one of the 11 NPDWS case types.

In defining the 11 case types, the NPDWS report offers three types of guidance:

(1) descriptions of the types of criminal conduct that fit within each case type,

(2) examples of charges that might fit within each case type, and

(3) sentencing range expected for each case type.

The NPDWS case type definitions appear below.

In your jurisdiction, these three definitions (description, example, sentencing range) may not align for all offenses. A criminal offense might fit the description of one case type, but its sentencing range might fit another. You will need to use your discretion in determining the most appropriate case type. Below are examples of determining case types when definitions do not align.   

Example 1: Jurisdiction A defines first-degree burglary as unlawfully entering a dwelling with intent to commit a crime therein and either (1) carrying a deadly weapon, or (2) causing physical injury to any person who is not a participant in the crime.  First-degree burglary is punishable by up to 20 years in prison. Under the NPDWS, burglary is an example of a Felony-Low charge. However, the jurisdiction’s maximum possible sentence of up to 20 years in jail matches the expected sentencing range for a NPDWS Felony-High-Other case. In this circumstance, you will have to decide whether to map the charge as a Felony-Mid or Felony-High-Other case, rather than as a Felony-Low. To do so, you must consider both the likely sentence for this charge, as well as how much additional attorney work is involved with the first-degree burglary elements (here, a deadly weapon or bodily injury). 

Example 2: In Jurisdiction B, manufacturing an illegal narcotic is punishable by up to 20 years in prison. Under the NPDWS, drug manufacturing is an example of a Felony-Mid charge. However, the maximum possible sentence of up to 20 years in jail matches the expected sentencing range for a Felony-High-Other case. In this circumstance, you should consider the likely sentence for this charge, as well as how much the higher potential sentence increases attorney work on these cases. Based on these considerations, you could map this charge as either a Felony-Mid case or a Felony-High-Other case.   

Mapping a jurisdiction’s criminal charges to the NPDWS case types can be a time-consuming task. However, it only needs to be completed once. After it is completed, you will only need to (1) categorize any new charges created and (2) adjust charge categories to account for any statutory changes (e.g., new sentencing range).