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Violent Crimes Archives

Violent Crimes Third degree murder

One of the most serious Violent Crimes in the Commonwealth of Pennsylvania is Third degree murder.  firearm charges The criminal elements that the government must prove beyond a reasonable doubt in order to obtain a conviction for the murder in the Third degree can be found in Title 18 of the Pennsylvania Crimes Code under Section 2502. Under section 2502, Third degree murder is somewhat of an odd statute because it is generally defined as what it is not. It is defined as Murder that is committed by a criminal defendant without premeditation and without the intent to kill. A killing done intentionally is First degree Murder which is punishable by life in prison. It is also defined as a murder that is not done while the defendant was committing another violent felony, such as a robbery. This would be Murder in the Second degree which is also punishable by life in prison. Instead Third degree murder is defined as a killing committed by the defendant with malice. Malice is generally defined as with wickedness of heart and requires that the government prove that the defendant did not intend to kill the victim, but was fairly certain that death could occur as a result of his actions.

Violent crimes defense of property

An issue that arises in violent crimes charges is the issue of defense of property. Defense of property basically permits an individual to use reasonable force when he is defending either his personal property (a pocketbook or wallet) or his real property (his home and land).  firearm chargesThe defense of defense of property is explained in section 507 of the Pennsylvania Crimes Code. That section of the code explains when a criminal defendant can be justified in using force to protect his property. It is important that you should consult with an experienced criminal lawyer before attempting to use force to keep someone from trespassing or entering your property. Frequently police will charge individuals who harm others in the commission of violent crimes even if the accused was acting in the defense of his own property. The laws dealing with defense of property can be complex and confusing, so speak to an aggressive Chester county criminal lawyer today.

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.

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.

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.

Violent Crimes Kidnapping

The statute for Violent Crimes such as Kidnapping can be found in the Pennsylvania Crimes Code. terroristic threats Kidnapping is listed under Title 18, Chapter 29 in the state of Pennsylvania. Kidnapping is a crime that requires the restraining of a victim against his or her will. Other similar crimes that are prosecuted in the Commonwealth of Pennsylvania are: unlawful restraints, false imprisonment, interference with the custody of children, and the interference with the custody of committed persons and luring a child into a motor vehicle. Kidnapping is frequently thought of taking another person against their will to an undisclosed location. The most common acts of kidnapping include being done for ransom or in a child custody connection. In Pennsylvania, kidnapping is defined as unlawfully removing a person within a substantial amount of distance from where they were found or confining a person for a certain period of time with the intent of committing other acts to them. In order for an accused to commit a kidnapping, these other acts must include holding a victim for ransom or as a shield, intending to inflict bodily injury, facilitating a felony, or interfering with the performance of public officials.

Violent Crimes Harassment

One type of violent crimes that is primarily involved in domestic abuse cases is the crime of harassment. domestic violence Harassment is defined as different behaviors under both civil and criminal laws. Criminal behaviors are actions against another person is generally an action such as a shove a push or a punch. However, these actions only qualify as a type of harassment if the shove or push is intended to alarm, annoy, cause fear, torment, or terrorize the victim causing the victim to fear for her safety. These actions are general forms of harassment which is graded as a summary and therefore punishable by a maximum of 90 days in prison and a $300 fine. There are other types of harassment which are more serious under the law such as stalking and cyberstalking. Stalking is defined as consistent harassment that can cause someone to have emotional distress. Harassment can be communicated through telephones, emails, text messages, or any other form of communication, which can result in cyberstalking.

Violent Crimes Resisting Arrest

Convictions for Violent Crimes such as Resisting Arrest can lead to serious consequences for the accused. assault crimes Resisting arrest is a misdemeanor of the second degree in Pennsylvania under Title 18, Section 5104 of the Pennsylvania Crimes Code. Resisting arrest is defined as an accused intending to prevent an officer from making an arrest or any other official duty. Additionally, this resistance can create a risk of the officer suffering bodily injury, or the resistance requires the officer to use substantial force to overcome the resistance. When being charged with resisting arrest, it is the prosecutions job to prove that the following elements are present; first that the defendant reasonably knew that they were resisting a law enforcement officer, they intentionally resisted, and that the officer performed in a lawful manner. Actions that are considered as resisting arrest are struggling against or attacking an officer during an arrest, giving an officer a false name or information, or requiring an officer to use more effort to arrest you.

Violent Crimes What do I Do If Under Investigation for Murder?

One of the last questions a defendant wants to ask when being investigated for committing various violent crimes is What should I do if I am under investigation for murder? assault crimes Homicide which is one of the most serious types of Violent Crimes that an accused can face, is defined as the killing of another human being. Murder (with different degrees) and manslaughter are types of homicide that an accused can face. First degree murder is done with the intent and premeditated decisions to kill another person. Second degree murder involves a murder that occurs when a death occurs following other violent felony crimes, such as robbery, kidnapping, rape, burglary or arson. Specifically, the accused and another person agree to commit a robbery and during the robbery the victim dies. This is an example of second-degree murder. Third degree murder is defined in Pennsylvania as the killing of another with malice. Meaning that the defendant did not intend to kill the victim, like under first degree murder, but acted with malice in his heart.

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