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Law Offices of Kelly & Conte's Blog

Violent Crimes Simple assault

Violent crimes such as simple assault can have life changing effects on an individual's future. Simple assault is defined as the attempt to cause physical harm to another individual. However, under the statute, the government must prove that this harm was brought about intentionally by the defendant. Simple assault also refers to "causing the individual to be in fear or apprehension of an imminent battery." firearm charges Incases such as that the government again must prove that this was done intentionally by the defendant. In simple assault cases, the prosecution must prove the accused intended to cause bodily injury "beyond a reasonable doubt." Bodily injury is generally defined as the "impairment of physical condition or substantial pain" or the intent to inflict it. In some cases prosecutors try to make simple assault cases into aggravated assault claiming that serious bodily injury could have resulted. Aggravated Assault charges are more serious and are considered felonies in Pennsylvania. Prosecutors can be very aggressive, but it is the criminal defense attorney's job to reduce the seriousness of the charges as mush as possible while also reducing potential consequences.

Personal Injury at work

Suffering a personal injury at work can be a life altering event. Workplaces are a safe environment for the employees, but in some situations the workers may get hurt while on the job. Injuries happen on the daily on work cites for a number of reasons, but people are still confused as to what to do after those injuries happen. When it comes to you rights and workers compensation, the next steps you take after an injury are extremely important. soverign immunity First, you must report the accident so the employers know about the situation. This will allow you to receive necessary medical treatment from your insurance. Even if you are unable to report the incident yourself, have someone else do it for you. As long as your employer is aware of the situation your rights are protected. After reporting the incident medical treatment is the next step, which includes any procedures, medications, or other immediate treatments. Not only will this this be beneficial to your health, but it will also give you a medical record that shows that you were injured as a result of something that happened at work.

Violent Crimes aggravated assault

Violent Crimes such as Aggravated assault involve inflicting or attempting serious bodily injury on another person. It also includes assaulting protected public employees or officials and assaulting someone with a deadly weapon. Murder Aggravated assault involves the intentional or reckless behavior that causes a serious bodily injury to another person that reflects the perpetrator's indifference to human life or safety. The prosecution must convince the jury that the defendant acted in either knowingly or recklessly. When you are aware of the potential consequences of your action and go through with the action anyway, you are considered to have acted knowingly. Recklessness simply involves the conscious disregard of the consequences of one's actions; it does not always require intent. The actions of the accused will be compared to those of a "reasonable person" in court. When talking about a deadly weapon in aggravated assaults, it refers to an object that may cause death or serious injury. Assaulting certain public employees or officials carries even greater penalties than other forms of aggravated assault. These employees could include teachers, police officers, law enforcement officers, state government officials, and more.

Fentanyl is a serious problem in Pennsylvania

Fentanyl is one of the scariest drugs on the streets right now because it is the cause of so many fatalities. It is so deadly that paramedics and police officers often wear gloves to avoid coming into contact with the substance. It is 40 to 50 times stronger than another drug that is deadly, heroin.

In recent news, there were 25 people arrested in connection with a fentanyl trafficking operation. The investigation took two years and included multiple organizations. The district attorney for Montgomery County said that these individuals were "dealing in death" in this operation. It is noted that the trafficking operation was headed by five men.

How to choose your criminal defense attorney

One of the most difficult issues in criminal cases is how to choose your criminal defense attorney. When an individual is accused of a crime they need to find the best criminal defense lawyer near them to represent them. Sex Crimes Begin by asking family and friends for their opinion and recommendations, search for attorneys online, and get to know potential attorneys through free in person or phone consultations. Make sure you know your attorney. Consider strengths and weaknesses for all potential attorneys and make your final decision based on the whole profile of the attorney, not just one single, strong detail. Choosing the proper criminal defense attorney to represent you is an extremely important decision for your case. There are a few mistakes that people make while choosing their representation that one should avoid while selecting a criminal defense attorney.

Violent Crimes Self Defense Kennett Square

One of the few defenses to Violent Crimes brought in Kennett Square is Self Defense. Kennett Square Criminal Defense Attorney Under Pennsylvania law the general principle of self-defense is that the use of force towards another is justifiable if the person being attacked believes that such force is immediately necessary for the purpose of protecting themselves against the use of force being brought by another people. In order to handle situations where self - defense comes about, all states developed rules to determine when an individual can use self - defense and how much force can be used to protect ones self. Self - defense justifies that use of force when it is in response to an immediate threat of physical harm, but once that threat has ended the use of force is no longer justified. It is important to think about self-defense from the standard of a reasonable person. Specifically, asking if a "reasonable person" in the same situation would view what an attacker was doing as an immediate threat of physical harm. This is the legal systems best way to determine if the person's perception of danger justified the use of force.

Dui Defenses

One question that comes up in DUI cases is what defenses do I have when I have been charged with Driving Under the Influence? The defenses that an individual has in a DUI case very much depends upon the specific circumstances of the crime. aggravated assault while DUI The first question to assess is why did the police stop the defendant's vehicle? Typically, the police stop a motor vehicle in a DUI case for a traffic violation such as running a red light, or a stop sign or even speeding. However, defendant's also may be stopped for having a tail light out or not signaling when they are changing lanes. In these circumstances, the police do not have to prove that the defendant knew that he was speeding or had a tail light out at the time he was driving. The only thing that matters is that the police officer had probable cause to believe that the defendant was committing a traffic violation.

Criminal Defense Conspiracy

In Criminal Defense cases, criminal defendants may be charged with the crime of Conspiracy.  sex crimes In the Pennsylvania Criminal Code the term conspiracy is defined as "an agreement with another that one or more of them will engage in conduct which constitutes a crime or an attempt or solicitation to commit a crime." This is when an individual agrees to aid another in the planning or the commission of a crime. Conspiracy is a separate and distinct crime with its own statues, and usually involves multiple defendants. When talking about the "agreement" aspect of an conspiracy, it may be in reference to either a implicit or shown action by "two or more guilty minds". All individuals being charged with conspiracy all must intend to achieve the same outcome of the crime and all must have agreed to act together so that the crime comes to fruition.

Violent crime charge defenses have to be planned carefully

Defendants in cases surrounding violent crime have to take the time to carefully plan their defense strategy. It is easy to become focused on showing that you didn't commit the crime at hand in any way possible. It is much more difficult to do this in a way that doesn't make it seem as though you are attacking the alleged victim in the case.

We realize that you might not have any idea how to present your side of the story without trying to make it seem like the victim is lying or making that person look bad. This can be a challenge, but there might be ways that we can do this for you. We have to look at the way we are presenting the case from the eyes of the jurors. Perception is everything in a jury trial.

College Crimes Public Urination

Public Urination is one of the many types of College Crimes that a college student can be charged with. Date Rape Whether it is a homeless person with no availability to a public restroom or a drunk pedestrian making a irresponsible decision, someone commits the offense of public urination. It is more common than you think across the nation, and each city and state has there own law that prohibits the act of public urination. The most important thing to consider when charged with public urination is what type of crime or violation you have been charged with. In Philadelphia, the statute says, "it is unlawful to urinate or defecate on a variety of listed public and private properties". A public urination offense holds a fine of $300, but if the person pays $50 within eight days of the offense the fines and penalties will be dropped. In some situations it is possible to have to register as a sex offender if one is convicted for public urination. This may occur due to indecent exposure or public lewdness as a result of the public urination ticket. This is a serious problem, as registering as a sex offender will be revealed in the event of a background check.

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