One issue that comes up in Violent Crimes cases is what is malice? And when does it apply in criminal charges. The legal definition of malice concerns a state of mind that the government must prove that the defendant possessed when he committed a certain criminal act. third-degree murder If the government can prove that the defendant committed a certain criminal act while he possessed or acted with malice, then the defendant may be found guilty of certain criminal charges. Some of these charges are Third degree Murder and aggravated assault. Both of these crimes are graded as felonies of the first degree and generally punishable by a maximum of 20 years in state prison, and in the case of third degree murder, 40 years. Generally the Pennsylvania courts have defined malice as follows: malice is present under circumstances where a defendant displayed a conscious disregard for 'an unjustified and extremely high risk that his actions might cause death or serious bodily harm. Thus the defendant need not have an intent to kill
Violent crimes that individuals may be charged with when interacting with the police is the crime of Aggravated Assault on a police officer. assault crimes In order to be convicted of Aggravated Assault on a police officer, the government must prove the following criminal elements beyond a reasonable doubt: First that the defendant caused or attempted to cause bodily injury to someone. Second, that the defendant intentionally tried to cause this injury and or intentionally attempted to cause this injury and finally that the injury was caused to a police officer performing his duty (meaning working as a police officer), when the alleged assault occurred. There are several issues that are raised when reviewing the elements of the statute. The first of which is the government has to prove that the injury was intentionally inflicted by the defendant. Typically, pushing an officer away from themselves or even flailing about will not necessary satisfy this element.
A conviction for Violent Crimes such as Retaliation against a witness or victim can have serious consequences. In order to be convicted of this crime the government must prove the following criminal elements beyond a reasonable doubt: First, that the defendant harms another individual by any unlawful act or engages in a course of conduct which threaten another person. And second, that the defendant commits these actions against the victim in retaliation for anything that the victim has lawfully done as a witness, victim or a party in a civil matter. assault crimes Make sure to contact an experienced Chester County Violent Crimes attorney if you are being investigated for or have been charged with this serious crime.
Violent Crimes such as Possession of firearm with altered manufacturer's number can be extremely serious. This crime criminalizes the intentional possession of a firearm that has the manufacturer's number on the firearm altered or changed. Firearm charges The reason for the criminalization of the possession of guns that have the manufacturer's number changed or obliterated is that it makes it nearly impossible for the government to discover who originally purchased the firearm and how the firearm came into the possession of the defendant. In order for an accused to be found guilty of this crime, the government must prove the following elements beyond a reasonable doubt: First that the accused knowingly and intelligently possessed a firearm. Second that the firearm had the manufacturer's number altered, changed, removed or obliterated.
One rarely used defense in Violent Crimes cases and other cases is the Fantasy Role Playing Defense. This defense first appeared predominately in the media in 2012 in the federal prosecution against Gilberto Valle, with conspiracy to commit kidnapping. He was arrested after his wife discovered emails about his desire to rape, kill, and eat women. Weapons of mass destruction Valle argued that he was merely engaging in fantasy-role play, with no intention of committing the actual crimes. He was a member of a social networking website called Dark Fetish where he discussed his sexual fantasies with other members. Prosecutors agreed that Valle was engaged in role play, but argued that the chats had moved beyond the realm of fantasy and had become actual preparation. After 12, days the jury found him guilty. In the case the court reviewed all of the defendant's e-mails and made a determination as to which one's could have represented actual conspiracy discussions and which ones were simply fantasy and therefore not admissible. Obviously the primary fact finder in deciding whether the admissible e-mails were fantasy or actual planning was the jury.
Violent Crimes such as the Possession of Weapons of Mass Destruction can be extremely serious charges which almost always require the assistance of an experienced Chester County Criminal Lawyer. Domestic VIolence Charges The criminal elements which the government must prove beyond a reasonable doubt can be found in the Pennsylvania Crimes Code, specifically in section 2716 of Title 18. In order to be found guilty of this crime, the government must prove that the accused either intentionally possessed or was purposefully making weapons of mass destruction; A criminal defendant can also be convicted of this crime if the government proves that the accused intentionally sells, buys or transports a weapon of mass destruction; and second that his doing so (buying, selling or transporting) causes: another person to become ill or damages or disrupts the food or water supply of a park or causes the evacuation of a building.
Violent Crimes such as Unlawful Restraint can have a very serious effect on an accused's future. The crime of Unlawful Restraint is fully explained in section 2902 of Title 18 of the Pennsylvania Crimes Code. In order to be found guilty of this crime, the government must prove the following criminal elements beyond a reasonable doubt: First, that the accused restrained another person without any legal basis under circumstances which could expose the victim to serious bodily injury. Assault crimes Under the crimes code serious bodily injury is generally something like a broken arm or a serious wound. So in order for a person to be found guilty of this section of Unlawful Restraint, generally the government has to show that the victim is being held somewhere unsafe (a cooler) or being held there through the use of a deadly weapon like a gun or a knife. If the accused is convicted for this type of Unlawful Restraint then he is facing a maximum sentence of 5 years in prison and a possible $10,000 fine.
Violent Crimes such as Voluntary Manslaughter of an unborn child is essentially a murder charge asserting that an unborn child was killed as a result of the defendant acting under the heat of passion when the killing occurred. Possession of a weapon at school In order to be found guilty of this violent crime, the government must prove the following criminal elements beyond a reasonable doubt:
Violent Crimes such as Possession of Weapon on school property is a serious charge. The Violent Crime of Possession of Weapon on school property can be found in section 912 of the Title 18 in the Pennsylvania Crimes Code. Firearm charges This crime deals with the what elements the government must prove beyond a reasonable doubt in order for an accused to be found guilty of Possession of a weapon on school property. Generally speaking, individuals accused of this crime are frequently under the age 18 and therefore charged in juvenile court as opposed to adult court and the Court of Common pleas. The main differences between adult court and juvenile court are that the juvenile court system is in theory predicated on rehabilitation whereas, the adult court is predicated on punishment. Finally, keep in mind that students charged with this crime will receive some sort of penalty from the school as well. These punishments frequently take the form of an expulsion or a suspension.
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