The National Trial Lawyers | Top 100 Trial Lawyers AVVO Rating 10.0 Superb | Top Attorney Criminal Defense 10 Best 2014 | 4 years Client Satisfaction | American Institute of Criminal Law Attorneys WHO'S WHO | Top Professional | Certified 2017 top 100 lawyer ASLA 10 best 2016 client satisfaction| American Institute of personal injury Attorneys Top 10 Attorneys American Jurist Institute 2017 American Jurist Institute Top 10 Attorneys Personal Injury Attorney | Top 10 Attorney And Practice Magazines | 2017 Criminal Defense Attorney | Top 10 Attorney And Practice Magazines | 2019 America's top 100 Criminal Defense Attorneys | 2017 | top 100
Law Offices of Kelly & Conte Law Offices of Kelly & Conte
Call Anytime - Day or Night
610-314-7066 610-314-7066
Visa | Mastercard | American Express | Discover Network
The National Trial Lawyers | Top 100 Trial Lawyers
AVVO Rating 10.0 Superb | Top Attorney Criminal Defense
Nation's Premier | NACDA | Top Ten Ranking 2014
10 Best 2014 | 4 years Client Satisfaction | American Institute of Criminal Law Attorneys
2016 top 100 lawyer ASLA
10 best 2016 client satisfaction| American Institute of personal injury Attorneys
American Jurist Institute Top 10 Attorneys
Top 10 Attorneys American Jurist Institute 2017

Violent Crimes Archives

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.

Violent Crimes self-defense

Under Pennsylvania law regarding violent crimes and self-defense, an individual is allowed to use force in order to protect themselves from a threat. assault crimes In order for it to be justified, the individual must believe that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force. The statute includes a number of subsections each dealing with the various elements that relate to the amount of force and when it is not justifiable to use force. For instance, under section 505(b)(1) of the statute it lists two circumstances where the use of force is not justifiable. The first is when an individual is being lawfully arrested. The second is when an individual is essentially being kicked out of a business or home for a justified reason. Then in section 505(b)(2), you will find the section that deals with the use of deadly force. The previous section was just force in general, which did not include deadly force. The use of deadly force is justified when an individual deems it necessary to protect himself from death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat of force.

Violent Crimes Making false statement with purchase of a firearm

Although not specifically considered in the violent crimes category, making a false statement with the purchase of a firearm can be very serious. murder In the Commonwealth of Pennsylvania, like all other states, in order to purchase a firearm a federal background check must be completed to ensure that the buyer is allowed to own and operate a firearm. In addition to the background check, there is also a 48-hour holding period where the buyer of the firearm must wait 48 hours before he can receive their firearm. This is to ensure that the background check is complete. The most common reason for not being able to purchase a firearm would be due to a felony conviction on your criminal record. However, in some cases buyers and sellers will illegally make false statements on their application about certain factors such as misreporting the individual's past criminal record, in order to ensure that the sale is made.

Violent Crimes Criminal coercion

One of the Violent Crimes that an accused can be charged with in the Commonwealth of Pennsylvania is the crime of Criminal Coercion. Criminal Coercion can be found in section 2906 of the Pennsylvania Crimes code. attempted murder Criminal Coercion is a fairly serious crime. Generally speaking, Criminal Coercion is graded as a misdemeanor of the second degree and therefore punishable by a maximum of 2 years in state prison and a $5,000 fine. However, the crime can be punished by a maximum of 5 years in prison and a $10,000 fine under certain circumstances. In order to be found guilty of Criminal Coercion, the government must prove the following criminal elements beyond a reasonable doubt: First, that the accused acted with the intent to unlawfully to restrict an individual's ability to move about freely. Second, that the defendant restricted the victim's movement to the detriment of the victim. And finally, that the defendant threatens to either:

Violent Crimes Simple Assault

Generally speaking, violent crimes such as simple assault involve either the intentional causing of bodily injury to another person or the attempt to cause bodily injury to another person.assault crimes  An example of this would be one person punching another individual in the mouth or nose. Although this is the most frequently seen example of a simple assault crime there are less frequently discussed elements of simple assault that are not discussed as much as they should be. Specifically, criminal defendants can also be charged with simple assault for in some cases negligently inflicting injury onto another person, Additionally, a person also commits this crime if they take actions which would put a victim in fear of imminent serious bodily injury. The main point of this blog is to discuss examples of simple assault through the threat of imminent serious bodily injury. The Pennsylvania Superior Court discussed this situation in the case of Commonwealth vs Klieber which was decided in 2017

Why We Succeed

Preparation.

We prepare every case as if it is going to trial. Our reputation for thorough preparation puts us in a much stronger negotiating position with prosecutors and opposing counsel.

See what our clients are saying...

Experience.

For more than 15 years, people throughout Chester County and the surrounding area have turned to Law Offices of Kelly & Conte for sound legal advice and aggressive representation.

Learn more about our team...

Commitment.

We will not accept a deal simply for the sake of closing your case. We care about your future, and we pursue every available option in an effort to secure the best possible outcome.

View our case results...
Schedule Your Free Consultation

Schedule a Free Case Evaluation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

West Chester Office
126 W Miner St #1
West Chester, PA 19382

Phone: 610-314-7066
Fax: 610-344-7585
Map & Directions

Pottstown Office
934 E High St #2
Pottstown, PA 19464

Phone: 610-314-7066
Fax: 610-344-7585
Map & Directions

Kennett Square Office
110 East State Street
Suite 305
Kennett Square, PA 19348

Phone: 610-314-7066
Phone: 610-422-7041
Fax: 610-344-7585
Map & Directions