Some of the most serious violent crimes that make their way through the criminal justice system involve domestic violence. Pennsylvania has passed a number of different statutes in order to alleviate the distress for victims of domestic violence. One such statue is section 2711of the Pa criminal code, relating to probable cause arrests for domestic violence cases. assault crimes This statue grants officers the same power to arrest an individual without a warrant as in a felony, whenever they have probable cause to believe the defendant has committed an act of domestic violence. Domestic violence is not in and of itself a separate statue. Although that is the case, it acts as an enhancement for violating statues including involuntary manslaughter, simple and aggravated assault, recklessly endangering another person, terroristic threats, stalking or strangulation against a family or household member. The violation of one of the previously mentioned statues against a family or household member, allows an officer even, if it did not happen in front of them, to arrest an individual as long as they have probable cause to believe that it took place.
When discussing violent crimes and domestic violence cases, probable cause can include any recent injuries or corroborative evidence to back up the claim. In addition, the officer is allowed to seize any weapons that may have been used in the commission of the crime. possession of a firearm by a minor This statue also takes away the discretion the officer has to make an arrest. If the evidence points to domestic violence, the officer must make an arrest and report the arrested individual to the proper authority. Once at the proper authority the arrested individual must be assessed. During the assessment, the authority will determine whether that individual poses a threat to the alleged victim of the crime. If you have been charged in connection with domestic violence, it is important that you seek legal representation due to the seriousness of the penalties associated with the conviction. The attorneys at the Law Offices of Kelly and Conte are experienced attorneys who will fight to get the best possible outcome given the facts of your case.