Pennsylvania has a three strike law which deals with minimum mandatory sentences that must be imposed by a Judge for criminal defendants convicted of committing violent crimes. A minimum mandatory sentence refers to a required sentence that a judge must give a criminal defendant under the law if the defendant is either found guilty of a certain crime or pleads guilty to a certain crime. assault crimes The statute dealing with Pennsylvania's version of the Three Strike Rule can be found in Title 42 Pa C.S. §9714. The statute states that any criminal defendant found guilty of committing a crime of violence, shall if he has been convicted of a prior crime of violence serve at least 10 years in prison. This 10 year minimum mandatory rule is known as a second strike Law. The Three strike Law states that any criminal defendant convicted of a third crime of violence in his lifetime shall be given at least 25 years in prison
Simple Assault is one of the most common types of violent crimes that a criminal defendant can be charged with. assault crimes It is fairly serious in that it is graded as a misdemeanor of the second degree and punishable by a maximum of 2 years in prison and a $5,000 fine. The crime of Simple Assault can be found in the Pennsylvania Crimes Code Title 18. C.S.A. § 2701(a)(1). In order to prove the crime of simple assault, the Commonwealth must have set forth evidence that the defendant recklessly caused bodily injury to the alleged victim. The Pennsylvania Suggested Standard Criminal Jury Instruction for simple assault defines "recklessly" with regard to simple assault as follows:
One issue that comes up in criminal defense is when can an accused be charged with Violent Crimes such as aggravated assault. The obvious scenarios where an accused can be charged with this crime occurs in the event of a Violent fight or beating or shooting, when an alleged victim suffers serious bodily injury, however, can an accused by convicted of this crime for giving a victim one too many beers or even heroin? assault crimes Before we assess this issue, you should be reminded to contact an experienced Violent Crimes attorney if you are being investigated for or have been charged with the crime of aggravated assault. This crime is very serious and can be punishable by a maximum of 20 years in prison and a $100,000 fine.
One of the least frequent Violent Crimes that a person can be charged with in the Commonwealth of Pennsylvania is the crime of ethnic intimidation. In order to be convicted of violent crimes such as ethnic intimidation, the government must prove the following criminal elements beyond a reasonable doubt. First, the government must prove that the accused committed a crime such as vandalism, criminal trespass, or criminal mischief (the destruction of property. factors considered by judges for sentencing And second, that the accused committed this crime while he or she possessed malicious intent, meaning the intent to intentionally commit an acted which is brought about and motivated by hatred towards the race, creed or religion of the victim. Accordingly, the crime of Ethnic Intimidation makes it an additional crime for an accused to commit one of the above crimes of criminal trespass, criminal mischief and vandalism for the purpose of harassing or intimidating a person as a result of his ethnicity or religion.
In Pennsylvania, it is a crime to cause physical bodily injury to another person. Crimes such as this are known as Violent Crimes and Strangulation is one of the newest such crimes. One of these violent crimes that is a crime is known as strangulation. Assault Crimes A person commits strangulation if the person knowingly or intentionally impedes the breathing or circulation of the blood of another person by applying pressure to the throat or neck or blocking the nose and mouth of the person. Infliction of a physical injury to a victim shall not be an element of the offense. The lack of physical injury to a victim shall not be a defense in a prosecution under this section. It is a defense that the victim consented to the defendant's actions.
Violent crimes such as stalking are very serious. An accused or individual suspected of committing such a crime should immediately attempt to retain or speak with an experienced Chester County Criminal Lawyer. In order to be found guilty of violent crimes such as stalking, the government must prove the following elements beyond a assault crimes reasonable doubt.
In Pennsylvania, one of the types of violent crimes that you can be charged with is the crime of causing or risking catastrophe. It is a crime in the Commonwealth of Pennsylvania to cause a major panic in a public place. This crime is known as causing Manslaughter or risking catastrophe. A person causes a catastrophe by explosion, fire, flood, avalanche, collapse of building, release of poison gas, radioactive material or other harmful destructive force or substance, or by any other means of causing potentially widespread injury or damage, including selling, dealing in or otherwise providing licenses or permits to transport hazardous materials. A person commits a felony of the first degree if he commits this offense intentionally or knowingly. If found guilty, you face a possible penalty of up to 20 years and/or fines up to $25,000. A person commits a felony of the second degree if he does so recklessly. If found guilty, you face a possible penalty of up to 10 years imprisonment and/or fines up to $25,000. Even if you do not actually cause a catastrophe, you are still committing a crime.
Violent Crimes Propulsion of missiles. There are a numerous amount of Violent Crimes that an individual can be charged with in the Commonwealth of Pennsylvania. One of these Violent Crimes is Propulsion of Missiles. There are two different parts to the statute of Propulsion f Missiles. 1991 Murder The first deals with Missiles directed toward occupied vehicles and the second deals with Missiles directed towards roadways, which in Pennsylvania can be normal roads and streets in addition to many parking lots. An individual can be convicted of this crime of Propulsion of Missiles if the government can prove the following criminal elements beyond a reasonable doubt.
In Pennsylvania, it is a serious offense and considered one of few violent crimes of kidnapping to remove a person from the place of his parent or guardian or against his will. This offense is known as kidnapping. According to title 18 section 2901 of the Pennsylvania crimes code, a person commits kidnapping if he unlawfully removes another a substantial distance under the circumstances from the place where he is found, or if he unlawfully confines another for a substantial period in a place of isolation, with any of the following intentions: possession of firearm at school to hold for ransom or reward, or as a shield or hostage; to facilitate commission of any felony or flight thereafter; to inflict bodily injury on or to terrorize the victim or another; to interfere with the performance by public officials of any governmental or political function. Kidnapping is a serious offense and if you are found guilty you could face serious penalties.
In Pennsylvania, violent crimes such as possession of weapon on school property is a serious offense. You should consult with a Chester County attorney if you have been charged with violent crimes such as possession of a weapon on school property. A person commits this crime if he possesses a weapon in the buildings of, on the grounds of, or in any conveyance providing transportation to or from any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed Manslaughter by the Department of Education or any elementary or secondary parochial school. So whether you possess a weapon on actual school property or in a school bus on the way to or from school, you are committing this offense. Weapons include but are not limited to any knife, cutting instrument, cutting tool, nun-chuck stick, firearm, shotgun, rifle and any other tool, instrument or implement capable of inflicting serious bodily injury.