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October 2016 Archives

Violent Crimes SImple Assault

In Pennsylvania, it is a crime to physically assault another person. There are several different statutes in PA that prosecute Violent Crimes like Simple Assault.  Violent Crimes such as Simple Assault make it illegal to physically harm someone. One of the statutes is known as simple assault. Per the Pennsylvania crimes code, section 2701(a2), a person commits simple assault if he negligently causes bodily injury to another with a deadly weapon.  Assault crimesTo be guilty of simple assault, the bodily injury you cause another using a deadly weapon does not have to be intentional. Per section 2701(a3) of the Pennsylvania crimes code, a person commits simple assault if he attempts by physical menace to put another in fear of imminent serious bodily injury. Even if you do not carry out the act of physically harming another person, it is still a crime to use physical means to make someone fear serious injury.

Defense options vary for different types of homicides

In our previous blog post, we discussed how not all homicides are illegal. If you recall, we covered the differences between murder, manslaughter and a justifiable homicide. For the men and women who face charges for a homicide, the penalties they are facing are scary.

sex crimes Institutional Sexual Assault

In Pennsylvania, sex crimes such as Institutional Sexual Assault of any kind is a serious offense. There are several different types of sexual assault that are prohibited as sex crimes under PA statute. One of these sex crimes is known as Institutional Sexual Assault. A person commits Sex Crimes such as institutional sexual assault if that person is an employee or agent of the Department of Corrections or a county correctional authority, youth development center, youth forestry camp, Sexual Assault State or county juvenile detention facility, other licensed residential facility serving children and youth, or mental health or mental retardation facility or institution and that person engages in sexual intercourse, deviate sexual intercourse or indecent contact with an inmate, detainee, patient or resident. In addition, a person commits institutional sexual assault if they commit the previously listed acts and are an employee or volunteer of a school.

traffic offense possession of a driver's license

In Pennsylvania, it is a traffic offense unless you are in possession of  a driver's license when you operate a motor vehicle. If you are a licensed driver, it is required that you carry your license on you at all times while operating a motor vehicle. DUI PBT tests According to Title 75 section 1511 of the crimes code, it is a traffic offense even if you are in possession of a driver's license, if the driver does not exhibit the license upon demand to a police officer when requested by the police officer. There are a couple different steps that can be taken in order to avoid penalty if you are caught driving without your license on you. In order to avoid penalty, you can bring your valid driver's license to the headquarters of the police officer who demanded to see the license within 15 days of the demand. If a citation has been filed, you can avoid penalty by producing your valid driver's license at the office of the issuing authority within 15 days of the filing of the citation. Failure to do so will result in charges for driving without a license.

violent crimes, possessing a firearm without a license

The United States Constitution grants US citizens the right to bear arms. Like many other states, Pennsylvania has put statutes into effect in order to regulate who is able to bear arms vio statutes punishing violent crimes such as possessing a firearm without a license. In PA, violent crimes can occur and it is a crime to carry a firearm without a license. This crime is known as firearms not to be carried without a license. According to the Pennsylvania Crimes Code, voluntary manslaughter any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license commits a felony of the third degree. If you are found guilty, you could face a possible penalty of seven years imprisonment and/or fines up to $15,000. In addition, a person who is otherwise eligible to possess a valid license but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree. If you are found guilty, you could face a possible penalty of up to five years imprisonment and/or fines up to $10,000.

violent crimes cruelity to animals

In Pennsylvania, violent crimes such as cruelty to animals is taken very seriously. Thanks to several different statutes, many different types of animals are protected and those who are cruel to them could face criminal prosecutionmunder cruelity to animals statutes prosecuting violent crimes. A person commits a violent crimes misdemeanor of the second degree if he willfully and maliciously kills, maims or disfigures any domestic animal or any domestic foul of another person; administers poison to or exposes any poisonous substance with the intent to administer such poison to any domestic animal or domestic fowl of another person; or harasses, annoys, injures, assault crimes attempts to injure, molests or interferes with a guide dog for a blind person, a hearing dog for a deaf or audibly impaired person, or a serious dog for a physically limited person. If you are found guilty, you may be sentenced to pay a fine no less than $500.

violent crimes possessing offensive weapons

In Pennsylvania, possessing weapons that are considered offensive or are prohibited is a serious offense and may be considered violent crimes. This violent crimes offense is known as prohibited offensive weapons. A person commits prohibited offensive weapons when he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon. Offensive weapons are defined by the statute as any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, terroristic threats the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose. There are a few different defenses to a prohibited offensive weapons charge.

Former rep cites high court ruling in bid to overturn conviction

Former Pennsylvania Democratic representative Chaka Fattah's attorneys intend to apply a critical Supreme Court decision responsible for the overturn of a bribery conviction for the former Virginia governor to Fattah's case, thereby delaying sentencing.

Criminal Defense Underage Drinking

In Pennsylvania Criminal Defense, it is a crime of Underage Drinking for anyone under the age of 21 to consume, possess, purchase, or transport alcohol. This crime of Underage Drinking is known as purchase, consumption, possession or transportation of liquor or malt or brewed beverages, commonly referred to as underage drinking in Criminal Defense cases. Criminal Defense Criminal Mischief  According to the Pennsylvania Crimes Code, a person commits this crime if he, being less than 21 years of age, attempts to purchase, purchases, consumes, possess or knowingly and intentionally transports any liquor or malt or brewed beverages. Whether you are drinking alcohol or have it on your person, if you are under the age of 21 it is illegal. If you are a minor and you are arrested on underage charges, the police department who arrested you is required by law to notify your parents or guardians of the charges. If you commit purchase, consumption, possession or transportation of liquor or malt or brewed beverages, you are committing a summary offense. If you are found guilty, you may be sentenced to pay a fine of up to $500 for your first violation and up to $1,000 for the second and each subsequent violation. In addition to fines, you will also lose your driver's license. For the first offense, you will lose your operating privilege for a period of 90 days. For the second offense, you will lose your operating privilege for a period of one year. For the third offense, you will lose your operating privilege for a period of two years. There are some exceptions to this statute that protect you from being charged with this crime under certain circumstances.

violent crimes terroristic threats

In Pennsylvania, violent crimes occur when threats are made that considered terroristic. Vilent crimes such as this are known as terroristic threats. According to the Pennsylvania Crimes Code, a person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to commit any crime of violence with intent to terrorize another; cause evacuation of a building, place of assembly or facility of public transportation; self-defense or otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience. Communication in this statute is not limited to just verbal or written, it also includes terroristic threats made by body language. An example of this would be if you waived a gun at your neighbor every time you saw them. You can still be charged with terroristic threats, even if you do not have the means or ability to act out on the threat.

Theft unauthorized use of an automobile

In Pennsylvania, it is a theft crime to use another person's automobile or other vehicles without their consent. This crime is known as unauthorized use of automobiles and is a theft crime.  Unauthorized use of an automobile is also often referred to as joyriding. A person commits unauthorized use of automobiles or other vehicles if he operates the automobile, airplane, motorcycle, motorboat, or other motor-propelled vehicle of another without the consent of the owner. In order for charges not to become more serious charges such as theft, you must have used another person's vehicle with the intent to temporarily deprive the owner of the vehicle. suppresion mootions In other words, you must have used the owner's vehicle without the intent to permanently deprive the owner of the vehicle. You could potentially be charged with this crime if you fail to return a car you have rented.

violent crimes self-defense

Under Pennsylvania law, there are statutes dealing with violent crimes put into place that allow you to practice self-defense without facing criminal charges. In order for the use-of-force towards another person to be justifiable vio self-defense against violent crimes, you must believe that such force is necessary to protect yourself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat.  violent crimes charges In order to legally use force, you cannot be the initial aggressor of the situation. In addition, there is a duty for you to retreat from the situation if you are able to do so safely. Only in situations where you would not be able to safely retreat are you permitted to use force. In Pennsylvania, you are afforded more rights to use of force if you are in your home or car.

Learn strategies to fight against property crime charges

In our previous blog post, we discussed how serious arson charges can be. If you recall, we touched on how these charges come after lengthy investigations. For the people who are facing these charges, planning a defense can take time because the prosecution's case has to be evaluated.

Suppression Motions stop-and-frisk

The United States Constitution protects the citizens of the United States against unreasonable searches and seizures via Suppression Motions. Although the Fourth Amendment mentions the need for a warrant in order to perform a search, under certain circumstances a warrant is not required. An attorney may file Suppression Motions to try and keep out evidence.  One of these circumstances is regarding the stop-and-frisk law. The stop-and-frisk law,  Miranda Rights under the Fourth Amendment, does not require that a police officer acquires a warrant before performing a stop-and-frisk. By giving police officers the power to stop-and-frisk, they are able to deter crime by catching potential criminals before the commission of a crime has even occurred. The purpose of the stop-and-frisk law is to keep officers safe and to deter crime.

Driver's License suspension

In Pennsylvania, if you commit a number of specific crimes you may be subject to a Driver's License suspension even if you request a Hearing. According to Title 75 section 1532(d) of the PA Crimes Code, the department shall levy a Driver's License suspension to any person upon receiving a certified record of the driver's conviction, or admission into a preadjudication program for a violation of the following crimes without a Hearing: Leaving the scene of an accident Misrepresentation of age to secure liquor or malt or brewed beverages; purchase, consumption, possession or transportation of liquor or malt or brewed beverages; carrying a false identification card. If found guilty of one or more of these crimes, you could face license suspension. The duration of the suspension varies and is determined by the number of the offenses you are found guilty of.

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