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December 2018 Archives

Violent Crimes Assault

Just as there are several different types of violent crimes under Pennsylvania law, there also different types of assaults. risking catastrophe Specifically, under the Pennsylvania crimes code there is simple assault, which can be found under section 2701 of the code and aggravated assault which can be found under section 2702 of the code. AViolent Crimes such as assault is generally is defined as either attempting to injure someone intentionally or injuring someone intentionally. The first type of assault is a simple assault. A simple assault is graded as a misdemeanor of the second degree under Pennsylvania law and is therefore punishable by a maximum of 2 years in prison and a $5,000 fine. The elements of simple assault must include the intent to cause harmful or offensive contact to the victim and that the defendant tried to injure the victim either by pushing, punching, kicking or somehow attacking the victim. An assault can be defined as the act of words with the accompanied presence of carrying out those words. For example, if one pulls their fist back and yells "I will punch you in your face", while directly in front of you that is considered assault, so long as the attacker tries to actually punch you in the face.

Theft Crimes Insurance Fraud

While almost all theft crimes deal with an allegation of a theft or burglary, there are crimes like Insurance Fraud which are somewhat different than generic theft crimes. access device fraud Insurance fraud is different than typical theft cases because the victim in insurance fraud cases is an insurance company. The victims in generic theft crime cases are typically individuals or businesses. Accordingly, insurance fraud cases are almost always prosecuted by the Attorney General's Office when the fraud is alleged to have occurred in the Commonwealth of Pennsylvania. Although there are many different types of fraud, insurance fraud deals with fraud committed to an insurance company. Common types of insurance fraud include automobile accidents, arson to a business or home, health care, and worker's compensation. These crimes are committed with the intent to collect money from an insurance company by falsifying events or incidents regarding an accident or damage. Some falsified incidents include one who exaggerated estimates of damage, underreported information, or creates false claims.

How forensic accountants can help entrepreneurs during a divorce

Pennsylvania entrepreneurs who are considering divorce may benefit from thoroughly familiarizing themselves with the valuation of their business. In many cases, their business may be an even more significant asset than their home. If their spouse is looking to get a piece of the company they created, the entrepreneur should have clear in mind potential future growth and the liabilities of their business before going into divorce negotiations.

Criminal Defense Forgery

Forgery is a theft crime that frequently requires the hiring of a good criminal defense attorney to represent you. Forgery can be found in Title 18 of the Pennsylvania Crimes Code section 4101. theft crimes In order to be found guilty of this crime, the government must prove that the accused first possessed the intent to defraud another individual (the victim). And that while the defendant possessed this ill intent, he or she either altered, imitated, or forged, the victim's name. And finally, that this forgery was not authorized by the alleged victim. Contracts, identification cards, licenses, historical papers, and legal certificates are common documents that can be used to deceive another. However, one of the most common acts of forgery include signing another's name on the back of a check. Other common documents forged are stocks and bonds, money orders, deeds and titles, and counterfeited money.

CBP reports "credible fear" asylum claims up 67 percent in 2018

Over the past few months, Pennsylvania readers have likely heard about the Trump administration's attempts to curtail asylum claims by immigrants crossing the U.S.-Mexico border. For the first time, U.S. Customs and Border Protection has released data on the number of "credible fear" claims made by people who hope to be granted asylum. This type of claim is used by immigrants who argue that it is unsafe for them to return to their home countries.

Violent Crimes Causing or risking catastrophe

Chester County District Attorney Thomas Hogan announced today that he opened up an investigation against the Sunoco Mariner East pipeline threatening to charge the company and its employees with violent crimes such as causing or risking catastrophe. Opening up an investigation is not the same as bringing charges against an actual defendant. terroristic threats In this case, Mr. Hogan is simply announcing that he is exploring whether the Sunoco committed crimes while installing the pipeline. The elements for violent crimes such as causing or risking catastrophe can be found under title 18 of the Pennsylvania crimes code in section 3302. In order to be found guilty of this crime, the government must prove the following criminal elements beyond a reasonable doubt: First, that a person caused a catastrophe. Second, that he or she caused the catastrophe by either explosion, fire, collapse of building or other harmful substance, or by any other means of causing potentially widespread injury or damage. If the government cannot prove these charges then a defendant would be found not guilty of the crime.

Criminal Defense Evading or Fleeing the Police

A charge in criminal defense cases that involves the use of a vehicle is evading or Fleeing or attempting to elude the police. Fleeing or Eluding the police is listed under Title 75, Section 3733 of the Pennsylvania Vehicle Code. DUI marijuana This crime is generally graded as a misdemeanor of the second degree. This grading applies when a defendant fails to bring his vehicle to a stop or attempts to flee from the police when he is given direction from the police to stop his car. This same crime is considered a felony of the third degree, and therefore punishable by a maximum of 7 years in prison and a $15,000 fine when a defendant is under the influence when he flees from the police, crosses a state line, or injures a law enforcement officer in the process. In order to prove that an accused has committed the act of evading the police, prosecution must prove beyond a reasonable doubt that the following elements are present: 1) an officer was pursuing a defendant in a motor vehicle, 2) the defendant was driving a vehicle on a roadway when they fled, and 3) the defendant knew and intentionally disregarded the fact that the police were trying to stop him.

Violent Crimes Domestic Abuse

Domestic abuse typically includes various types of violent crimes which the government can bring against a criminal defendant in the Commonwealth of Pennsylvania. Examples of acts that typically qualify as various types of domestic abuse are; knowingly or intentionally causing bodily injury or fear of bodily injury to a victim, assault, rape, sexual abuse, or actions such as stalking. assault crimes Domestic abuse can also include acts of intimidation, manipulation, isolation, and humiliation. Abuse is not only considered physical, but can be through emotional, financial, or psychological actions. In order to fall under the umbrella of domestic abuse charges, the charges must be domestic. Accordingly, these charges are usually made by members of an intimate relationship, family members, or those of the same household. When accused of an act of domestic violence or abuse, police are encouraged by their supervisors to make an arrest in order to separate the combatants for the evening. However, it is up to the prosecutor to prove the criminal charges beyond a reasonable doubt.

Violent Crimes Tampering with a Witness

Witness tampering is generally considered under the category of violent crimes. Witness tampering or intimidation of a witness is generally defined as any acts that can attempt to alter or prevent a witness from giving testimony in any given case. This intimidation or tampering can occur when an individual asks or forces a witness to be absent from a court proceeding, convinces or threatens a witness to testify falsely or to withhold information from the police or law enforcement. murder of an unborn person Tampering with a witness also includes the following forms: using physical force, threatening to use physical force, or corrupt persuasion. Threatened physical force can include the tone, words, or gesture used by another to get another to avoid testifying. While corrupt coercion includes persuading a witness to change their statement, or blackmailing or bribing them to keep them from testifying, it is not required that the tampering with a witness has to be a part of a criminal case as opposed to a civil case.

Birdnesting is an option for transitioning children after divorce

Pennsylvania parents who have settled on divorce may face a variety of challenges when making the transition to a new life. However, transitioning can be extra hard on children when custody is split. Because at least one parent will likely be moving out of the family residence, children may be uprooted suddenly and thrust into unfamiliar living conditions, thereby causing an upset in routine and security. In order to address these concerns, some divorcing or divorced parents are turning to an arrangement known as 'birdnesting" for help. Birdnesting is a temporary arrangement where children remain in the family home while parents rotate time spent living there.

Criminal Defense Fraud

Criminal fraud is a particular type of white collar crime in criminal defense cases, which involves any act that is intended to to deceive another through false representation of the value of something. access device fraud Elements used to prove that criminal fraud has occurred frequently include: first, that the misrepresentation of facts by the defendant when he knows that the facts that he is misrepresenting are wrong. Second, the defendant makes the misrepresentations with the intention to deceive the victim and, finally, that the misrepresentation results in fraud being committed to the person who relies on the false information. Results of injury to the victim or most frequently, financial damages being suffered by the victim is frequently something that the government must prove occurred beyond a reasonable doubt.

Drug Crimes Medical Marijuana

The prolific use of medical marijuana has resulted in one of the most drastic changes in many states laws regarding the view that the possession of marijuana and other related drug crimes. heroin crimes In many states the legalization for the use and cultivation of medical marijuana has grown throughout the years. Since 2016, there has been 28 states that have now legalized medical marijuana, including Pennsylvania. However, these states set laws and boundaries that must be followed in regards to the extent in which marijuana can be used, possessed, and recommended. As a result, it is important to consult with an experienced drug crimes attorney to make sure that you are not committing a crime when using marijuana as a medicine.

Post-divorce holidays can be successful with planning

Navigating the holiday season after family separation or divorce can be challenging in terms of both stress and logistics. Pennsylvania parents who are dealing with a changed family dynamic for the first time or who are simply committed to doing better can take solace in the knowledge that countless families have been down the same path. Having a successful holiday season requires focus and commitment from parents, but with teamwork, it is a very achievable goal.

DUI Field Sobriety Test

One of the main tools that the government has in proving that an accused is guilty of DUI are Field Sobriety Tests. vehicular homicide The Standardized Field Sobriety Test given by law enforcement officers in the Commonwealth of Pennsylvania are typically an accumulation of three main tests, which are performed by drivers during a traffic stop to determine whether or not they are impaired. These three tests typically include the walk-and-turn, the horizontal gaze nystagmus, and the one leg stand. As a result of these tests, police can and will determine whether or not they possess probable cause to arrest a driver on suspicion of driving under the influence. The HGN test is given by an officer who slowly holds a moving object, such as a pen or small flashlight. Three indicators of this test are looked at by the officer and these determine impairment. These indicators include: if the eye cannot properly follow a moving object, if jerking of the eyeball is distinct, and if the angle of jerking occurs before the 45-degree angle.

Sex Crimes Indecent Exposure

Sex Crimes such as Indecent exposure can lead to extremely serious consequences.  child endangerment Before we assess and examine what some of those consequences for a conviction of Indecent Exposure can be, let's first explore what the government must prove in order for an accused to be found guilty of this crime. Indecent Exposure is defined by the Pennsylvania Crimes Code as the act of exposing one's private genital area to other people with the intent of trying to offend these other people or get sexual gratification. This crime in Pennsylvania is graded as a misdemeanor of the first degree if the exposure is done to a person over 16 years of age. The crime is graded as a misdemeanor of the first degree if the exposed person is under 16 years of age and the accused should have been aware of the victim's age.

Co-parenting can take many forms

Pennsylvania parents on the cusp of breaking up are likely to be concerned about the impact a split will have on both the children and the individual parenting time breakdown of a court-ordered parenting arrangement. By far, the most successful parenting model is a collaborative co-parenting arrangement in which both parents set aside individual differences to focus on the best interests of the children, regardless of personal feelings or hostilities toward each other. Unfortunately, some parents unable to put acrimony behind them for the benefit of their offspring or to respect the role of the other parent in the lives of children.

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