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Law Offices of Kelly & Conte's Blog

Sex Crimes Rape

Sex Crimes such as rape in the Commonwealth of Pennsylvania is an extremely serious and life changing criminal charge. CYS investigations Rape is graded as a felony in the first degree. Being convicted under this statue, Pa criminal code 3121 (a) (1-5), can result in a sentence of up to 20 years in prison plus an additional 10 years if the act was committed using any type of intoxicating drug. In addition, a fine of $100,000 may be imposed and a conviction can land you on a sex offender registry. If the crime involves a minor and serious bodily injury occurs, a sentence of life in prison may be imposed. In order to be convicted under this statue, the Commonwealth must prove that some form of penetration, however slight, has occurred. A recent redefinition of the law has broadened it and has taken out marriage, gender and level of force as relevant factors for a jury to consider.

Inequalities in misdemeanor sentencing

About 80 percent of the criminal cases adjudicated in Pennsylvania and around the country each year involve defendants who are charged with misdemeanors. These are less serious crimes that are usually punished with probation, fines or brief custodial sentences, but that does not mean that being convicted of a misdemeanor cannot be a life-changing experience. Civil rights advocates have long complained about the harsh treatment received by African-American defendants charged with narcotics felonies, but studies suggest that racial disparities are even greater in misdemeanor cases.

One such study was conducted recently by a researcher from Loyola Law School. After scrutinizing more than 30,000 Wisconsin misdemeanor cases, the researcher found that charges were dropped, dismissed or reduced for white defendants 75 percent more often than they were for black defendants. White offenders facing felony counts were also more likely to see the charges against them reduced to misdemeanors.

Sex Crimes Unlawful Dissemination of Intimate Image

With the rapid advancement of modern technology, law makers are in the position of having to play catch up in the area of Sex Crimes and the Unlawful Dissemination of Intimate Images. child pornography One such example where lawmakers had to step in and pass legislation in order to address a recent problem was on the phenomenon commonly referred to as "revenge porn". A typical scenario in which this takes place is when two partners break up and one posts sexually explicit images of the other that were sent to them with consent on social media without the person's depicted consent. Officially, it is known as unlawful dissemination of intimate image which is defined as a person commits the offense if, with intent to harass, annoy or alarm a current or former sexual or intimate partner, the person spreads a visual depiction of the partner in a state of nudity or engaged in sexual conduct. This crime can be found in section 3131 of the crimes code. This crime was passed in order to address the underlying issue, consent, which is essential to these cases.

Theft Crimes Burglary

It is a common misconception that in order to be charged with theft crimes such as burglary that the person must take a piece of property from a building in which they have entered. On the contrary, the prosecution does not need to prove that a person physically took a piece of property, only that they were in a building they did not have permission to be in and had intent to commit a crime when they entered that place. robbery Because intent to commit a crime is the most important factor that needs to be established in order to be convicted under this charge, a good defense against a charge of burglary is that there was no intent to commit a crime when the defendant entered. In that case, a related charge of simple trespassing or criminal trespass may apply better to that particular circumstance. While speaking of defenses for the charge of burglary, the statute itself has three built in defenses. The first defense that is stated in the statute is that the building or structure is abandoned. This means that a charge of burglary would not be appropriate in circumstances where the building in which a person did not have permission to be there was abandoned.

Sex Crimes Indecent Exposure

The sex crimes offense of indecent exposure is found in the Pa criminal code 18 section 3127.  when should I call a sex crime lawyer It is defined as a person commits the act of indecent exposure if that person exposes his or her privates in any public place or in any place where other individuals are present under circumstances in which he should know that exposing himself is likely to offend or alarm these other people. An area of importance in this definition is the part which states "in any public place or in any place where there are present other persons". This is an important part of the definition and what makes it separate from a similar charge of open lewdness which is defined in the PA criminal code under section 5901. Open lewdness occurs if he does any lewd act which he knows is likely to be observed by others who would be affronted or alarmed.

How serious is a DUI for a college kid in Pennsylvania?

Many people believe college is the best time in your life. During your first time away from your parents, you can explore new freedoms, prepare for a successful career and develop lifelong friendships. But sometimes, having fun can get you in trouble.

You probably already know the legal drinking age in Pennsylvania is 21. And while you could face penalties for getting caught drinking and driving under the influence (DUI), charges for underage drivers can hold serious implications. A DUI could put both your driver’s license and college career at risk.

Younger immigrants in limbo after policy change

Young immigrants seeking refuge in Pennsylvania and around the country must generally file paperwork to do so before turning 21. Under a government program, it may be possible for youths who were neglected or abused by their parents to ask for a green card and a court-appointed guardian. However, the Trump administration has said that those who are 18 or older may already be too old to participate in the program.

Since 2010, more than 50,000 individuals have gotten green cards by being granted special juvenile immigration status. In many cases, it is easier to obtain this status as opposed to applying for asylum. Between fiscal 2014 and fiscal2017, there was a significant increase in applications, and there was also an increase in denials. In the past two fiscal years, 2,000 applications were rejected, which was more than there were in the past seven years combined.

Sex Crimes Sexual Assault

Another major Sex Crimes charge is sexual assault, which is defined under section 3124.1 of the Pennsylvania criminal code. child endangerment It states that a person commits the act of sexual assault when that person engages in sexual intercourse or deviate sexual intercourse with a complainant without the complainant's consent. Sexual assault is a felony of the second degree and can carry a sentence of up to 10 years imprisonment. There are also two separate but related offenses of sexual assault. The first being criminal code 3122.1, statutory sexual assault. A person commits the act of statutory sexual assault when they engage in sexual intercourse with a complainant to whom the person is not married, who is under the age of 16 years and that person is significantly older than the alleged victim. In this instance the grading of the crime is a felony of the second degree. However, if the victim is under the age of 16 and the age gap between the defendant and the victim is above 11 years, then it is a felony of the first degree and carries a sentence of up to 20 years of imprisonment.

Sex Crimes Involuntary Deviant Sexual Intercourse

The sexual offense of involuntary deviant sexual intercourse is a very similar offense to other sex crimes such as rape. This crime of IDSI is defined under section 3123 of the Pa criminal code. CYS investigations The difference between Involuntary Deviant Sexual Intercourse and Rape is that this offense covers more sexual acts and excludes any type of vaginal penetration, which the charge of rape would cover. Acts that would be covered under this statute include sexual intercourse with an animal, any penetration, however slight, with a foreign object, and forcible anal or oral sex. As stated previously it is very similar to the statue of rape. This is an important distinction for prosecutors because if they believe that their case would not fit the criteria for the charge of rape, they can instead charge the accused with the more encompassing charge involuntary deviant sexual intercourse.

Violent Crimes Third degree murder

One of the most serious Violent Crimes in the Commonwealth of Pennsylvania is Third degree murder.  firearm charges The criminal elements that the government must prove beyond a reasonable doubt in order to obtain a conviction for the murder in the Third degree can be found in Title 18 of the Pennsylvania Crimes Code under Section 2502. Under section 2502, Third degree murder is somewhat of an odd statute because it is generally defined as what it is not. It is defined as Murder that is committed by a criminal defendant without premeditation and without the intent to kill. A killing done intentionally is First degree Murder which is punishable by life in prison. It is also defined as a murder that is not done while the defendant was committing another violent felony, such as a robbery. This would be Murder in the Second degree which is also punishable by life in prison. Instead Third degree murder is defined as a killing committed by the defendant with malice. Malice is generally defined as with wickedness of heart and requires that the government prove that the defendant did not intend to kill the victim, but was fairly certain that death could occur as a result of his actions.

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