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February 2018 Archives

Sex Crimes Luring a child into a motor vehicle

Sex Crimes such as Luring a child into a motor vehicle can be extraordinary serious and the repercussions for being convicted of such crimes can be disastrous. Luring a child into a car or building is a crime unless the circumstances indicate that the child needs help or aid, or the person luring the child has the permission of the child's parent or guardian. Read more about Rape There are a number of defenses to this crime if the person charged did lure the child without consent. Specifically, if the defendant is charged with luring a child, but believes that the child was 18 or over, then that would function as a defense to this crime so long as the child Is not under 13 years of age. Make sure to review all possible defenses that you may have for this crime with an experienced Chester County Sex Crimes attorney.

Violent Crimes Voluntary manslaughter of unborn child

Violent Crimes such as Voluntary Manslaughter of an unborn child is essentially a murder charge asserting that an unborn child was killed as a result of the defendant acting under the heat of passion when the killing occurred. Possession of a weapon at school In order to be found guilty of this violent crime, the government must prove the following criminal elements beyond a reasonable doubt:

Violent Crimes Possession of weapon on school property

Violent Crimes such as Possession of Weapon on school property is a serious charge. The Violent Crime of Possession of Weapon on school property can be found in section 912 of the Title 18 in the Pennsylvania Crimes Code. Firearm charges This crime deals with the what elements the government must prove beyond a reasonable doubt in order for an accused to be found guilty of Possession of a weapon on school property. Generally speaking, individuals accused of this crime are frequently under the age 18 and therefore charged in juvenile court as opposed to adult court and the Court of Common pleas. The main differences between adult court and juvenile court are that the juvenile court system is in theory predicated on rehabilitation whereas, the adult court is predicated on punishment. Finally, keep in mind that students charged with this crime will receive some sort of penalty from the school as well. These punishments frequently take the form of an expulsion or a suspension.

Assault on a Sports Official. Assault crimes

Assault on a Sports Official is one of the newer types assault crime sin the commonwealth of Pennsylvania. It can be found in Title 18 of the PA. Crimes Code under section 2712. This assault crime makes it against the law to commit a simple assault against a sports official who was assaulted during a sporting event that he or she was officiating or was assaulted as a result of a call that the official made during the sporting event. So what is an assault as defined under this statute? An assault occurs when an individual intentionally tries to injure another person or successfully injures another person. Aggravated assault on unborn person Frequently, an assault occurs as a result of a kick or punch. Under the crimes code assaults are generally graded as misdemeanors of the second degree. This statute makes it a more serious crime if the assault occurs to a Sports Official. Accordingly, this crime is graded as a misdemeanor of the first degree and therefore punishable by a maximum fine of up to $10,000 and 5 years in state prison.

Criminal Defense Ignorance or mistake

One defense that clients frequently bring up in Criminal Defense cases is Ignorance or mistake as to law or fact. In terms of mistake of law, it is an almost universal rule in the law that ignorance of the law is not and cannot be a defense. Specifically, it is not a defense to speeding on a highway that you did not know that speeding was a crime in the state of Pennsylvania if the roadway has speed limit signs properly posted along the highway.learn about Murder charges Additionally, it is also not a defense in regards to ignorance of the law if an accused believes that it is legal to possess marijuana in the commonwealth of Pennsylvania when it is not. However, under Pennsylvania law, mistake as to a fact can be a defense. Specifically, it can be a defense in a speeding case if there are no signs on the highway explaining what the speed limit is and the driver mistakenly believes that the speed limit is 75 miles per hour when it is really 65 miles per hour.

Criminal Defense: Prosecution barred

There are certain times in criminal defense where the prosecution will be barred from bringing charges against a criminal defendant even though the accused has never been charged in that jurisdiction. Specifically, section 111 of the Pennsylvania Crimes Code (Title 18) deals with this type of scenario.  Assault Crimes This section is entitled: When prosecution barred by former prosecution in another jurisdiction. This section of the crimes code addresses the issue of when criminal conduct occurs in one criminal jurisdiction (such as Berks County), a prosecution in another jurisdiction (such as Chester County) shall be barred under certain circumstances. This blog will review several of those types of circumstances. You should seriously consider hiring an experienced and aggressive Chester County Criminal Lawyer if you believe that you are being prosecuted for a crime that should be barred. Regardless of the knowledge you may gain from this blog there is no substitute for hiring a good criminal defense lawyer.

Criminal Defense Double Jeopardy

One significant defense in the realm of criminal defense is the theory of Double Jeopardy. Double Jeopardy, which is a Constitutional amendment to the United States Constitution essentially holds that a criminal defendant cannot be tried for the same crime more than once.  VIolent Crimes Although the idea of Double Jeopardy is very well known among almost all people, the Pennsylvania Legislature took the idea of Double Jeopardy to a hire level when they drafted section 110 to the Pennsylvania Crimes Code (Title 18). Section 110 is entitled: When prosecution barred by former prosecution for different offense and deals exclusively with the question of when the prosecution cannot bring a second case against a criminal defendant because the facts so closely resembled those of the first criminal case. Make sure to contact an experienced Chester County Criminal Lawyer if you believe that the government has violated rule 110 in charging you or a loved one

Sex Crimes Rape

One of the most serious Sex Crimes is the charge of Rape. Rape can be found in Title 18 of the Pennsylvania Crimes Code section 3121. The charge of rape is a life changing event for a defendant even when he or she is first accused of committing this very serious sex crime. aggravated indecent assault Not only will there be implications in terms of posting bail if and when the accused is officially charged, there almost always are implications in terms of press coverage and the fear of being found guilty of a felony of the first degree. There are additional implications for criminal defendants who are college students. Frequently, colleges will immediately order the accused to no longer step foot on campus. Additionally, the accused will be interviewed by school officials (students are typically required to participate in this interview) and given a hearing after which he or she may be expelled or suspended. It is imperative that you should reach out to an experienced Sex Crimes if you are being investigated for committing the crime of Rape. Call us today at 610-314-7066

Sex Crimes Prostitution

Sex Crimes such as Prostitution are crimes that we occasionally read about in the paper or see on the news whenever there is a law enforcement sting. Prostitution, unlike almost other crimes, criminalizes the actions of both the prostitute and the individual paying to see the prostitute. Child Porn The Sex Crime of Prostitution can be found in Title 18 of the Pennsylvania crimes code under section 5902. That statute essentially states that a person is guilty of this crime if he or she: works at a establishment that is in existence to offer sexual favors in return for money (such as certain massage parlors) or has sex with individuals as part of a business or is hired to engage in sex with others. Prostitution is graded almost always as a Misdemeanor of the third degree and therefore punishable by a maximum of one year in prison. However, if the accused has been convicted of this crime two times before, then the crime is graded as a Misdemeanor of the second or if it is a fourth lifetime offense then it is a Misdemeanor of the first degree and therefore punishable by a maximum of five years in prison.

Drug Crimes Search Warrants

One issue that comes up in Drug Crimes cases is whether or not the government Search warrant is valid. The government uses search warrants in Drug Crimes cases to enter a home and seize drugs that they believe exist in the house. Under the Pennsylvania constitution and case law, drug possession the government has to lay out several things in their search warrants:

Sex Crimes Indecent exposure.

Sex Crimes such as Indecent Exposure can be very serious crimes. Under Pennsylvania Law, Sex Crimes generally deal with crimes having to do with the unlawful touching of a victim's privates or with the inappropriate exposure of a defendant's private parts in public places. Specifically, the crime of Indecent exposure occurs when a criminal defendant exposures or reveals his or her genitals in any public place such as a park or a traffic intersection. sex crimes investigations An accused can also be found guilty of this crime of Indecent Exposure if he exposes his genitals in any place where there are other people present and the defendant either knows or should know that his exposing his genitals is likely to offend or alarm these other people. These legal elements that the government must prove beyond a reasonable doubt for Indecent exposure can be found in Title 18 section 3127 of the Pennsylvania Crimes Code.

Criminal Defense Mobile tracking devices

Mobile Tracking devices are one of law enforcements greatest tools in combating crime. One of the key issues that arises in the area of criminal defense is the over use or misuse of these devices by the police. Orders for the installation and use of mobile tracking devices may be issued by a court of common pleas. intent to deliver The statute dealing with law enforcement's ability to use Mobile Tracking devices can be found in Title 18 section 5761 of the Pennsylvania Crimes Code. This section of the code lays out what law enforcement must demonstrate to a court of common pleas judge in order to be permitted to use Mobile Tracking Devices. Specifically the government must make a written application to a judge setting forth probable cause that the defendant has committed criminal acts and that the use of a mobile tracking device will yield information relevant to the investigation of the criminal activity.

Criminal Defense Loitering and prowling at night time

One Crime that is charged in the Realm of Criminal Defense is the crime of Loitering and prowling at night time. This crime can be found in the Pennsylvania crimes code under Title 18 section 5506. The crime is graded as a misdemeanor of the third degree and is therefore punishable by a maximum of 1 year in state prison and a $2,000 fine. Child Endangerment This crime is typically not charged on its own and is frequently accompanied by the criminal charges of burglary and/or criminal trespass. Additionally, the elements of the crime are very vague and give the police a great deal of latitude in deciding whether an accused has committed the crime of Loitering and Prowling at nighttime and should be charged with this crime. Please strongly consider contacting an experienced Chester County Criminal Lawyer if you have been charged with the crime of Loitering and Prowling at night time. Chances are you will have several defenses.

Criminal Defense Interference with custody of children

One crime of Criminal Defense that does not appear with great frequency is the crime of Interference with custody of children. Violent Crimes The crime is fairly self-explanatory in that it criminalizes acts committed by defendants which interfere with the parental custody rights of individuals. The crime can be found in section 2904 of the Pennsylvania Crimes Code. Additionally, the crime is fairly serious and is graded as a felony of the third degree. This means that a criminal defendant faces a maximum of seven years in state prison if he is convicted of this crime and a maximum fine of $15,000. Make sure to contact an experienced Chester County Criminal Lawyer if you are being investigated for committing the Crime of Interference with custody of children.

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