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June 2019 Archives

Theft Crimes Forgery

One of the more common theft crimes an individual can commit is the act of Forgery. Forgery, in the Commonwealth of Pennsylvania, is defined under section 4101 of the Pa criminal code. fraud It states that an individual commits the act of forgery if they do any of the flowing with the intent to defraud or injure another: alter a document or any financial instrument without authority to do so; create, make or complete any fake document or financial instrument; use or present a forged document or other forged item for payment or some type of exchange. In the statute, the documents or instruments they are referring to include a whole host of different items such as wills, deeds, or checks. In this case, the "injury" to the other individual does not mean a physical injury. Typically, the injury the other individual suffers is a financial one. There are a lot of different ways an individual can commit the act of forgery. Cashing an altered check, altering the amount on the check, or signing another person's name on a check are fairly common examples of forgery. In these examples, an individual intends to alter the financial instrument to obtain property that did not belong to them. This would constitute fraud or injury to the victim.

Criminal Defense Disorderly Conduct

Pennsylvania criminal defense law prohibits crimes such as disorderly conduct which criminalizes actions that would annoy, alarm or otherwise disrupt the natural order of everyday life. juvenile sex offenses Shouting obscenities while walking around a park or getting into a shouting match with a driver who cut you off in traffic would be examples of behaviors that might land you in legal trouble due to the unruly nature of the behaviors. In the previously mentioned examples, along with many other behaviors that vary significantly, a charge of disorderly conduct might apply. Disorderly conduct is defined under section 5503of the Pa criminal codes. Essentially an individual is guilty of this offense if they intentionally or recklessly cause a public inconvenience by engaging in fighting or threatening, or in violent or tumultuous behavior, making unreasonable noise, using obscene language, or making an obscene gesture, or creating a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.

Criminal Defense Criminal mischief

In the Commonwealth of Pennsylvania, the act commonly referred to as vandalism in criminal defense cases, is legally defined as criminal mischief in the Pa crimes code. Specifically, criminal mischief is defined under section 3304. Juvenile sex crimes It states that an individual has committed the act if they intentionally did any of the following without the property owners consent: damaged the personal or real (land) property of another; defaced or otherwise damaged physical property with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker, or similar marking device; defaced property by discharging a paintball gun or paintball marker at that property; or recklessly or negligently damaged someone else's property by fire, explosives, or other dangerous means. Due to the fact that each act of vandalism is unique, the penalties for the statute vary. The biggest factor that is looked when deciding how to grade the offense is, the amount of damage that was done to the property.

Theft Receiving stolen property

Many cases involving theft such as receiving stolen property make their way through the courts each year. fraud defense One of the most common cases involving theft is receiving stolen property. Receiving stolen property is defined under section 3925 of the Pa criminal code. It states that an individual has committed this offense if they intentionally receive moveable property of another knowing that it was stolen or had reason to believe so, unless they received the property with the intention of returning it. Whether you are convicted under this statue depends entirely on one thing: did you know or have reason to believe that the property was stolen? Even if you are not completely sure that the items you received were stolen, the prosecution only needs to prove that you had a reason to believe that the items were stolen. So, what types of things does the prosecution look at show you had reason to believe they were stole? Perhaps they are able to show that you paid way below the retail value for the property or that you went to a non-reputable source to buy it such as a non-licensed street vendor.

Theft Crimes theft by failure to make required disposition

Theft Crimes Statutes such as theft by failure to make required disposition can cover a wide range of different offenses. embezzlement One of those types of theft is theft by failure to make required disposition of funds received. This offense is defined under section 3927 of the Pa criminal code. Essentially, theft by failure to make required disposition of funds received is when an individual enters into a legal agreement with another individual where they agree to make payments in exchange for some type of property, they fail to make those payments but still treat the property they received as if it were their own. The key part of this statute, and what makes it a criminal matter rather than a civil matter, is that the individual intentionally deals with the property as if it were his own and fails to make the payments. For example, let's say a small privately-owned dentist office enters into a contract with a business to purchase a new X-ray machine. They work out some type of payment plan where the dentist agrees to pay a certain amount at the beginning of the month. On the first of the month, the dentist does not make the payment and avoids calls and emails from the company who sold them the X-ray machine. While avoiding payments the dentist treats the X-ray machine as if he had made the payments and actually owned it. The dentist opens himself up to a charge of theft by failure to make required disposition of funds received if he continues to avoid making payments and using the property as if it were his own.

Violent Crimes Kidnapping

One of the most serious violent crimes an individual can commit is the act of kidnapping. murder charges This offense is defined under section 2901 of the Pa criminal code. It states that an individual has committed the offense if they unlawfully moved someone a substantial distance from where they were originally. A charge of kidnapping also applies in situations where they unlawfully confine an individual for a substantial period of time with the intention: of holding them for ransom, reward, hostage or shield; to facilitate to commission of any felony or flight after; to inflict bodily injury on or terrorize the individual; to interfere with the performance by public officials of any governmental or political function. In order to determine if an individual has been unlawfully confined or moved, the police look at whether there was force, threat of force or deception used.

High restitution orders sending juveniles into poverty, despair

At 17, Sophie M. accompanied her then-boyfriend when he burglarized an upscale home in Maine. She hadn't participated before, but she had accepted gifts that she knew probably came from other burglaries. Her childhood had been bleak, including homelessness and violence. She had never felt wanted before by anyone.

The consequences for drinking heavily in college

For those who attend college in Pennsylvania, it is a time of newfound freedom and setting their own boundaries. Often, students struggle to find the line between what they can do and what they should do. This is particularly true with alcohol. Many students run the risk of being arrested for crimes related to drinking, such as drunk driving. One bad decision in college can follow the person throughout their entire life.

Violent Crimes False imprisonment

False imprisonment is one of many different types of violent crimes in the Commonwealth of Pennsylvania. Being able to move about without being restrained or restricted to do so by another individual is one of the essential ideas of personal freedom. murder When this personal liberty is violated, it can be the case that the act of false imprisonment has occurred. False imprisonment is defined under section 2903 of the Pa criminal code. It states that an individual has committed this offense when they knowingly restrain another unlawfully so as to interfere substantially with his liberty. In order for a conviction to hold up, the prosecution must show that the actions were taken to intentionally restrain or limit another's personal liberty. In addition, the act of false imprisonment can only take place if the individual did not consent to being restrained. Adults grant consent by voluntarily remaining in the situation. If, however, the restraint took place because of force or threat of force, enhancements to the sentence can be added. It is important to note that this does not apply to children, as they are considered legally incapacitated.

DUIs and CDLs in Pennsylvania

Most drivers in Pennsylvania and elsewhere know that getting caught driving under the influence can have stiff consequences. As a commercial motor vehicle operator, however, DUI charges may have even greater repercussions. At the Law Offices of Kelly & Conte, we have helped numerous commercial drivers understand how a drunk driving arrest may affect their livelihood and aided them in establishing defenses aimed at retaining their commercial driver's licenses (CDLs).

Violent Crimes Recklessly endangering another person

Violent Crimes Recklessly endangering another person or REAP is a charge a prosecutor may bring against an individual that encompasses a whole host of different behaviors. It is defined under section 2705 of the Pa criminal code. gun crimes The statute is very broadly written stating that an individual is in violation of this statute if they recklessly engage in conduct which places or may place another person in danger of death or serious bodily injury. Reckless conduct goes beyond simply being negligent. An individual must have known that the conducted that they were engaging in posed a risk of serious bodily injury or death but they did it anyway. The courts use the reasonable person standard when deciding if it constitutes reckless. In other words, would someone in that same situation know that the behavior posed a risk of serious bodily injury or death.

DUI refusal

A Dui refusal is a term for when a suspect for a DUI refuses to consent to a breath or blood test. When an officer suspects an individual of driving under the influence (DUI), they will ask that individual to submit to some form of testing. defending DUI cases These include field sobriety tests, breathalyzer or blood tests. While the officer at the scene will deploy every tactic that they have to get you to submit to the tests, you are within your right to refuse to submit to testing. New laws have made it so that a conviction of a DUI refusal charge, which is what you will be charged upon refusal, will land individuals in the same place as if they had submitted to the tests and blown over the legal limits. However, there is a chance that a good defense attorney can help you win against the new charge. It is important to note that it depends entirely on the circumstances surrounding the DUI test refusal. In order to ensure that you receive the best outcome of your case it is important to seek legal representation to go over the facts of your case with you.

Simple assault versus aggravated assault in Pennsylvania

The consequences of a physical altercation in Pennsylvania extend far beyond just a possible black eye or broken nose. Assault is considered a serious offense in the state and, if charged and convicted, people may face serious and long-term penalties as a result of their scuffles or fights. Therefore, it is important that those who have been involved in such situations understand the assault charges in the state.

Juvenile Crimes Decertification Hearings

One aspect of Juvenile Crimes are decertification hearings. The main goal of the juvenile criminal justice system is to rehabilitate an individual so that once they reach the age of 18, they do not end up in adult system. However, for the more serious offenses which are committed by juveniles that are close to the age of 18, often times they will be tried as an adult and be placed in the adult criminal justice system. juvenile sex offenses In order for the case to be placed back into the juvenile criminal justice system, the defense attorney for the individual must file a motion for juvenile decertification. The decertification motion is filed on behalf of the defense to get the case sent to the juvenile court. Once the motion is made, the judge will look at a number of different factors surrounding the case. Factors such as the age and maturity of the offender, mental capacity, sophistication of the crime, whether the offender will benefit from the services offered by the juvenile system, and public safety will all be taken into account when making a decision.

Violent Crimes Terroristic threats

One of the more serious violent crimes in the commonwealth of Pennsylvania is the offense known as terroristic threats. firearm charges The name suggests that it would involve some form of terrorism but that is not always the case. The terroristic threats statute is defined under section 2706 of the Pa criminal code. It states that an individual is guilty of terroristic threats if they communicate either directly or indirectly, a threat to do an of the following: commit any crime of violence with intent to terrorize another; cause evacuation of a building, place of assembly or facility of public transportation; or otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience. It is important to note that you can be arrested under this statute even if you do not have the ability to carry out the act you said you would. The intention behind the threat is the key aspect of this statue.

Motorcyclists in Pennsylvania - Staying safe while riding

Motorcycle riders are not afforded the same protections that other motor vehicle drivers and their passengers have. As such, they often suffer serious injuries or death when they are involved in accidents. Although not all such injuries and fatalities can be prevented, there are several things that people can do to improve their safety when riding motorcycles in Pennsylvania.

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