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Violent Crimes Archives

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

Violent Crimes PFA Protection from abuse

One of the more recent acts that helps victims of abuse in violent crimes receive relief from their abuser is the act know as a Protection From Abuse PFA. Domestic Violence charges A PFA is similar to a restraining order. The difference is that a PFA is typically used in emergency situations and serves as a temporary measure to seek relief from a person in which they have a domestic relationship with. A domestic relationship can be husband and wife, parent and child, brother and sister, etc. In cases where the victim and abuser do not have a domestic relationship, a restraining order is required. The PFA is designed to give victims another avenue to help them escape from their abusers. However, it is only a temporary act and the maximum amount of time to have a PFA against someone is 3 years. This means that if the victim wants protection from the abuser for a long period of time, they will need a restraining order.

Violent Crimes Persons not to possess or use firearms

The Pennsylvania Crimes code deals with Violent Crimes and specifically the charge of Persons not to possess or use firearms. The second amendment of the United States constitution guarantees the right of all citizens to keep and bear arms. However, there is a population of individuals who have had that right revoked due to certain circumstances. Murder Those aforementioned are individuals who have committed a serious violation of law, namely an offense that rises to the degree of a felony. In addition to felons, there are a number of other populations that are prohibited from having anything to do with firearms. These include fugitives, those who are adjudicated as incompetent, anyone involuntary committed to a mental institution along with those dishonorably discharged from service. Every state has some version of a statute from prohibiting certain populations from the possession, use, manufacture, control, sell or transfer of firearms. In the Commonwealth of Pa that statute is section 6105 of the Pa criminal code.

Violent Crimes Assault on an officer

One of the least common types of violent crimes that make their way to through the criminal justice system is assault on an officer. There are varying degrees of assault based on the level of harm caused to the victim. Murder In addition, there are different subsections of the statute that define different types of assault that are perpetrated against certain groups of individuals. One of the most serious cases of assault happen when an individual assaults an officer. Assaulting an officer is defined under section 2702 (a)(3). It is defined as the intentional cause of bodily injury to any of the officers, agents, or employees in the performance of duty. In this definition, there are three elements that need to be unpacked a little more. At first glance the terms officers, agents and employees might seem self-explanatory. However, when you really think about it these are very broad terms that can encompass a wide variety of different people. In fact, the statute further defines these terms and in total there are 38 separate individuals who if assaulted can open up that individual to assaulting an officer charge. Assaulting a firefighter, judge, district attorney, governor, and pretty much anyone who works for the state in some capacity are all individuals listed under this statute.

Violent Crimes Abuse and neglect of care dependent person

Violent Crimes such as Abuse and neglect of care dependent person is a criminal offense is defined under section 2713 of the Pa criminal code. This offense deals with the relationship between a caretaker (ex: parent) and a care dependent person (ex: a child). Murder The statute outlines three provisions in which a person can violate this statute. The first provision is a person commits this offense if a caretaker causes injury, serious bodily injury or death by failing to provide treatment, care, goods or services necessary to preserve the health, safety or welfare of the care dependent person. The second provision is if a caretaker uses physical or chemical restraints, medication, or isolation which results in injury, serious bodily injury, or death of the care dependent person. The last provision is similar to the first provision but does not include injury to the care dependent person. The circumstances surrounding the care dependent person are so bad that it has the possibility of producing harm.

Violent Crimes Discharge of a firearm into an occupied structure

A conviction for Violent Crimes such as the Discharge of a firearm into an occupied structure can lead to a state prison sentence. There are a considerable number of offenses that a person can commit under Pa law relating to the use of firearms. One of the more serious offenses that a person can be charged with is the discharge of a firearm into an occupied structure. firearm charges This offense is defined under section 2707.1 of the Pa criminal code. It is essentially the act of firing a weapon at any building or car that is occupied by people. This offense is a felony of the third-degree and with it comes a sentence of up to seven years incarcerated. It is important to note that this act does not involve injury to anyone. To be charged under this statute all that the prosecution needs to prove is that the firing of a firearm into any structure that is occupied took place.

Violent Crimes Strangulation

There are many types of violent crimes in the Commonwealth of Pa. One such offense is strangulation. The act of strangulation occurs when an individual knowingly or intentionally impedes the breathing or circulation of the blood of another person. This can be done in two ways. assault crimes The first by applying pressure to the throat or neck of another individual and the second by blocking the nose and mouth. It is important to note that injury is not an element in this statute. This means that lack of injury is not a defense against this charge. However, the statute does provide an affirmative defense to the charge. The affirmative defense is whether or not the alleged victim consented to the defendant's actions. Due to the fact that there are varying circumstances surrounding the act of strangulation, the grading of the offense can range from a misdemeanor to a felony. It is a misdemeanor of the second-degree if the only action that took place was the act of strangulation as defined by this statute. It becomes a felony of the second-degree if the act was committed against a family or household member, if it was done by a caretaker on a dependent or, if the act was committed in conjunction with some type of sexual offense.

Violent Crimes Intimidation of a Witness

Some Violent Crimes cases such as Intimidation of a witness rely heavily on a particular witness to take the stand and testify. Because of the importance of their testimony, the witness or victim of a crime maybe be intimated by the defendant into not testifying. terroristic threats If it is discovered that a defendant committed this act, they can face a charge of intimidation of a witness, which in the Commonwealth of Pa, is a felony which can carry a lengthy prison sentence depending on the circumstances of that case. The question then becomes what acts constitute intimidating a witness. In order to answer that, we need to look at what the statute says and what judges of past cases involving this charge say constitutes intimidation. The statute states that a person is guilty of intimidation if, "with the intent to or with the knowledge that his conduct will obstruct, impede, impair, prevent or interfere with the administration of criminal justice, he intimidates or attempts to intimidate any witness or victim to absent himself from any proceeding or investigation to which he has been legally summoned." This definition is very broad and can encompass a number of behaviors that border on the edge of intimidation but do not actually cross that line.

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