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The Kelly Law Firm Law Offices of Kelly & Conte
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The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | Client Satisfaction Award | American Institute of Criminal Law Attorneys

Robbery Archives

Mandatory sentence for possession of deadly weapon in robbery under PA law

§ 9712, of the Pennsylvania Crimes Code provides for a mandatory 5-10 year sentence for a Defendant who uses a firearm in a robbery or aggravated assault.   However, the Pennsylvania Supreme Court has found that this statute has also been subject to some extremely narrow readings. In Commonwealth v. Foster, the defendant was an accomplice in an armed robbery and did not actually possess the automatic weapon that had been used to force the victim to withdraw money from a bank machine.   The Court refused to impose a 5-10 year mandatory sentence on an unarmed co-conspirator in a robbery case and said that a 5-10 year mandatory sentence should only be imposed on the possessor of the firearm

New Grading Enhancement for Burglary and Robbery

Pennsylvania has recently passed a new law that increases the grading for burglary and robbery. This new law increases the crime of Burglary when a person enters a building or structure not adapted for overnight use (under section 18 Pa.C.S.A. §3502(a)(4)) to a felony of the first degree, which carries a 20 year maximum sentence, if the district attorney can prove the actor's intent upon entering the structure was to take a controlled substance.

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Law Offices of Kelly & Conte
213 W Miner Street #3
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-436-0628
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