In some Violent Crimes cases, the defendant will offer up a justification defense for the actions that took place. domestic violence A justification is any act that an individual deems necessary to avoid any type of evil. Using a justification as a defense, is known as an affirmative defense. Essentially an affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. There are many types of justifications that can be used in a criminal case. It is important to note that if a defendant decides to use a justification as a defense, the burden of proof shifts from the prosecution to the defense. The defense then has to prove every element of that defense beyond a reasonable doubt. Using a justification as a defense is not always in the best interest of the defendant, however. This is due to the fact that in order to build the case that their actions were justified, the defendant admits that the act took place, which then makes the prosecution's job a lot easier.
Violent Crimes such as Involuntary manslaughter is defined under chapter 25 section 2504 of the Pa criminal code and is unlike the other types of killing defined in this section. assault crimes The key distinction between involuntary manslaughter and the other types of killing boils down to intent. A person is charged under this statute if as a result of their reckless or grossly negligent behavior, a person dies. Due to the fact that in these cases there is no intent on the part of the individual to kill the other person, the prosecution has the difficult task of proving that the person was killed as a result of reckless or grossly negligent behavior. If no causal link between the behavior and the killing is established, then the charge of involuntary manslaughter cannot hold up. The charge of involuntary manslaughter is a misdemeanor of the first-degree and with it comes a penalty of up to five years in prison. Due to the relative seriousness of the charges and the fact that a death occurred it, is important to avoid behaviors that could lead to this charge.
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.
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.
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.
One of the few defenses to Violent Crimes brought in Kennett Square is Self Defense. Kennett Square Criminal Defense Attorney Under Pennsylvania law the general principle of self-defense is that the use of force towards another is justifiable if the person being attacked believes that such force is immediately necessary for the purpose of protecting themselves against the use of force being brought by another people. In order to handle situations where self - defense comes about, all states developed rules to determine when an individual can use self - defense and how much force can be used to protect ones self. Self - defense justifies that use of force when it is in response to an immediate threat of physical harm, but once that threat has ended the use of force is no longer justified. It is important to think about self-defense from the standard of a reasonable person. Specifically, asking if a "reasonable person" in the same situation would view what an attacker was doing as an immediate threat of physical harm. This is the legal systems best way to determine if the person's perception of danger justified the use of force.
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.