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Violent Crimes Archives

Violent crimes and domestic violence

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.

Violent Crimes Possession of a firearm by a minor

In the Commonwealth of Pennsylvania Violent Crimes such as possession of a firearm by a minor can be a very serious offense. Under the law, an individual to lawfully possess a firearm, that individual must be over the age of 18. manslaughter Being under the age of 18 and being found in possession of a firearm is a criminal act which is defined under section 6110.1 of the Pa criminal code. It states that no one under the age of 18 shall possess, sell, or transfer a firearm anywhere in the state. The law does recognize that minors, with their parent or guardian's permission can operate and handle a firearm for a lawful purpose. A lawful purpose would include various actions such as target practice, safety training or competitions involving the use of firearms. Also included in the lawful purpose category is hunting. Minors can possess a firearm for the purposes of hunting but it must be with the supervision and permission of the minor's parents or guardians. Due to the fact that individuals under the age of 18 cannot legally buy firearms from licensed dealers, anyone caught giving or selling a firearm to a minor for an unlawful purpose is also punished under this statute.

Violent Crimes Aggravated assault

One of the most serious violent crimes, just short of murder, is the offense of aggravated assault. Aggravated assault is defined under section 2702 of the Pa criminal code. assault crimes It states that an individual commits this offense if they intentionally, knowingly or recklessly cause serious bodily injury under circumstances that manifest as an extreme indifference to the value of human life. This type of assault is much more than what typically takes place during a simple assault case. Past courts have characterized this type of assault as an assault where death was very likely to occur but for whatever reason it did not occur. The circumstances surrounding the assault will determine the penalties for the violation. For example, using a deadly weapon during the commission of the assault will be look at as a mitigating factor when determining the sentence. Prosecutors also look at the individual that was harmed during the assault.

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.

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.

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.

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.

Violent Crimes Terrorism

One of the least charged violent crimes in the commonwealth of Pennsylvania is Terrorism. murder Since the attacks on the world trade center on September 11th in New York, many states have added statues that revolve around terrorism. In the state of Pennsylvania, terrorism is defined under section 2717 of the Pa criminal code. It states that a person can be found guilty of terrorism if they commit a violent act with the intention of doing the following three provisions. First provision is, if they commit a violent act with the intention to intimidate or coerce a civilian population. Next, if they intend to influence the policy of a government by intimidation or coercion. Lastly, if they intend to affect the conduct of a government. The key to this statute is the intention behind the violent act. The government bears the burden of proving that the individual committed the violent act with the intention of doing any of the mentioned provisions.

Violent Crimes protection of other people

A defense to violent crimes charges is that force was used in the protection of other people. One of the founding principles that make the United States a unique country is the idea that as citizens, it is a right of ours to protect ourselves and others. assault crimes Most states, including Pennsylvania have some type of statute that lays out the parameters of when force can and cannot be used to protect not only yourself, but use force to protect others. The statute in Pennsylvania that deals with the use of force to protect others is in section 506 of the Pa criminal code. It is very similar to the section pertaining to the use of force in self-protection. There are three provisions about when it is appropriate to use force in the protection of others. The first provision essentially gives the individual the right to use force to protect another if the circumstances meet the standard laid out in the use of force in self-protection section. In simpler terms let's say a person is being held at gun point. In that scenario, a third person could use force to protect the individual being held at gun point.

Violent crimes Justification

Justification can be a defense in the criminal justice system concerning violent crimes. Additionally, there are two types of ways defendants try and offer up a reason for why the act was committed. The first is an excuse. Excuses do not justify an individual's actions. gun charges` They are merely offered up as a reason for why the individual would do what they did and, in some cases, can reduce the severity of the sentence, depending on the judge. One of the most common excuses used was being intoxicated. While this excuse most likely will not get you off the hook for the crime, it can be offered up as a reason for why the individual acted that way. On the other hand, a justification which is any act that an individual would deem necessary to avoid any evil, would most likely dismiss any charges against you. It is important to note that the burden of proof for a justification is on the defense unlike all of the other criminal proceedings where the burden of proof is on the prosecution. One type of justification that would not make an act criminal is self-defense. If the defense is able to prove that the induvial was acting in self-defense when the act was committed, then the act would no longer be considered a criminal act.

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