Criminal Defense Law
Drunk Driving
Property Crime
Whether you are accused of violating the property owner’s exclusive rights or causing financial harm, I am here to thoroughly review your case and determine the most appropriate defense. Our priority will always be obtaining the best possible outcome, whether that is a dismissal, acquittal, or minimum penalties upon conviction.
What is a property crime?
To put it simply, property crimes are non-consensual actions against another person’s property, be it money, personal property, or real estate, which causes some harm. Many crimes against property are unlawful because they cause another person economic hardship. For instance, vandalism can result in hundreds or thousands of dollars in property damage.
However, some property crimes do not cause anyone physical or financial injury. Instead, they violate a person’s exclusive right to fully control their own property. For example, trespassing on another person’s land is illegal; even you do not harm to the land or structures on it. This is because the owner of that land has the right to determine who and who not may come onto the premises or use the land. By coming onto the land without permission, you are violating a fundamental right of property owners.
Types of property crimes
There is a wide range of property crime charges you may face depending upon the specific allegations against you. Some of the most common property crimes we handle include:
Arson: You can be charged with arson if there is evidence you intentionally or recklessly caused an explosion or fire, or you helped someone cause an explosion or fire. The specific charge will range between a summary offense, misdemeanor, or felony depending on several factors. Prosecutors will consider the type of property involved, whether people were or could have been hurt or killed, and if you burnt any historic resources. You can face a charge as low as a summary offense if no one was hurt, and no property was damaged. You may be able to avoid jail time for a summary offense. You also can face a first-degree felony if you caused someone harm or death. If you are convicted of a misdemeanor or felony arson crime, you are likely to be sentenced to some time in jail or prison and hefty fines. No matter the level of the charge, you should hire an attorney to defend you.
Criminal Mischief: If you intentionally, recklessly, or negligently damage, deface, or tamper with someone else’s property, which places someone in danger or causes someone an economic loss, you can be charged with criminal mischief. This is often what people think of as vandalism. You can be charged with a summary offense, misdemeanor, or felony depending on the value of the damage you cause. If you cause more than $5,000 in damage, or you substantially interrupt a public utility or service, you will face a third-degree felony.
Vandalism: Under Pennsylvania law, you can be charged with a crime for institutional or agricultural vandalism. Institutional vandalism involves desecrating, vandalizing, defacing, or damaging any cemetery, burial facility, place of worship, government building, educational facility, community center, juvenile detention center, or any of the grounds own or occupied by these buildings. The level of an institutional vandalism charge can be a summary offense, third-, second-, or first-degree misdemeanor, or third- or second-degree felony.
Or, you could be charged with agricultural vandalism if you intentionally or recklessly mark, deface, or damage any real or personal property used for an agricultural activity or farming. Depending on the exact allegations against you, and the alleged value of the damage, you could face a third-, second-, or first-degree misdemeanor, or a third-degree felony.
Trespass: If you enter or remain in a structure, enter a structure through subterfuge, break into a building or occupied structure, or go onto someone else’s land to commit a crime, and you know you do not have permission, then you can be charged with simple trespass, agricultural trespass, or trespass of buildings or occupied structures. Depending on the circumstances, you could be charged with a third- or second-degree felony. Under the same law, you could also be charged for being a defiant trespasser. This means you trespassed on another person’s land even though you were verbally told not to or there are warning signs posted against trespassing. This may be charged as a summary offense, third-degree misdemeanor, or a first-degree misdemeanor.
Potential Defenses: When you are facing a property crime charge, whether it is a minor summary offense or a serious felony, you should work with a property crime lawyer to defend yourself. There are several possible defenses to property crimes, including:
What is a property crime?
To put it simply, property crimes are non-consensual actions against another person’s property, be it money, personal property, or real estate, which causes some harm. Many crimes against property are unlawful because they cause another person economic hardship. For instance, vandalism can result in hundreds or thousands of dollars in property damage.
However, some property crimes do not cause anyone physical or financial injury. Instead, they violate a person’s exclusive right to fully control their own property. For example, trespassing on another person’s land is illegal; even you do not harm to the land or structures on it. This is because the owner of that land has the right to determine who and who not may come onto the premises or use the land. By coming onto the land without permission, you are violating a fundamental right of property owners.
Types of property crimes
There is a wide range of property crime charges you may face depending upon the specific allegations against you. Some of the most common property crimes we handle include:
Arson: You can be charged with arson if there is evidence you intentionally or recklessly caused an explosion or fire, or you helped someone cause an explosion or fire. The specific charge will range between a summary offense, misdemeanor, or felony depending on several factors. Prosecutors will consider the type of property involved, whether people were or could have been hurt or killed, and if you burnt any historic resources. You can face a charge as low as a summary offense if no one was hurt, and no property was damaged. You may be able to avoid jail time for a summary offense. You also can face a first-degree felony if you caused someone harm or death. If you are convicted of a misdemeanor or felony arson crime, you are likely to be sentenced to some time in jail or prison and hefty fines. No matter the level of the charge, you should hire an attorney to defend you.
Criminal Mischief: If you intentionally, recklessly, or negligently damage, deface, or tamper with someone else’s property, which places someone in danger or causes someone an economic loss, you can be charged with criminal mischief. This is often what people think of as vandalism. You can be charged with a summary offense, misdemeanor, or felony depending on the value of the damage you cause. If you cause more than $5,000 in damage, or you substantially interrupt a public utility or service, you will face a third-degree felony.
Vandalism: Under Pennsylvania law, you can be charged with a crime for institutional or agricultural vandalism. Institutional vandalism involves desecrating, vandalizing, defacing, or damaging any cemetery, burial facility, place of worship, government building, educational facility, community center, juvenile detention center, or any of the grounds own or occupied by these buildings. The level of an institutional vandalism charge can be a summary offense, third-, second-, or first-degree misdemeanor, or third- or second-degree felony.
Or, you could be charged with agricultural vandalism if you intentionally or recklessly mark, deface, or damage any real or personal property used for an agricultural activity or farming. Depending on the exact allegations against you, and the alleged value of the damage, you could face a third-, second-, or first-degree misdemeanor, or a third-degree felony.
Trespass: If you enter or remain in a structure, enter a structure through subterfuge, break into a building or occupied structure, or go onto someone else’s land to commit a crime, and you know you do not have permission, then you can be charged with simple trespass, agricultural trespass, or trespass of buildings or occupied structures. Depending on the circumstances, you could be charged with a third- or second-degree felony. Under the same law, you could also be charged for being a defiant trespasser. This means you trespassed on another person’s land even though you were verbally told not to or there are warning signs posted against trespassing. This may be charged as a summary offense, third-degree misdemeanor, or a first-degree misdemeanor.
Potential Defenses: When you are facing a property crime charge, whether it is a minor summary offense or a serious felony, you should work with a property crime lawyer to defend yourself. There are several possible defenses to property crimes, including:
- You lacked the necessary intent to commit the crime.
- You had the consent of the property owner.
- You have been falsely accused.
- There has been a mistake of identity.
- You are the victim of an unconstitutional arrest.
- The police conducted an unconstitutional search and seizure.
- Certain pieces of evidence are not valid, relevant, or otherwise admissible.
- Your actions did not put anyone else’s life or property in danger.
- There is insufficient evidence to prove you committed the offense.
Theft Crimes
- Retail Theft—When the stolen merchandise is $150 or less, retail theft constitutes a summary offense. It may be punishable by up to 90 days in jail and a $300 fine. If a second or subsequent offense or the stolen merchandise is over $150, the offense will be a misdemeanor or even a felony.
- Other summary offenses include defiant trespass, harassment and criminal mischief.
Juvenile Offenses
Children over the age of 10 and under the age of 18, can be prosecuted as a juvenile in the Commonwealth of Pennsylvania for criminal offenses that may have committed. AN experienced juvenile lawyer is critical to protect the best interest of your child and avoid the potential consequences of a criminal record. A conviction of certain charges become a potential issue for your education and your career.
Juvenile proceedings in Pennsylvania begin when the Commonwealth, through a law enforcement officer or district attorney, files a court petition charging a minor with criminal activity. Once the petition is filed, a minor and their family are scheduled to meet with a juvenile probation officer to discuss the charged offenses and the rights of the minor child. Following this meeting, an adjudicatory hearing is scheduled before a Court of Common Pleas judge and the court process begins.
Once a case proceeds to Common Pleas, the minor child along with their parents and attorney appear in Court to address the filed charges. Court hearings before the Judge can span several court appearances over several weeks and even months as the allegations of the offense are contemplated and outcome of the case is negotiated by the prosecutor and defense counsel. Ultimately, a juvenile case will be resolved in one of several ways. Charges can be dismissed by the District Attorney, a child can admit to the original charges, or even reduced charges, and be adjudicated delinquent. In some cases, the Commonwealth may allow your child to participate in a diversional outcome referred to as a ‘consent decree’ allowing the child to complete specific conditions and programs in exchange for allowing the charges to be dismissed. In the event that no resolution can be made between the parties, a child also has the option to take a hearing before the Court—much like an adult trial, to determine whether there is enough evidence to establish that the juvenile did indeed commit the alleged offense.
If the judge determines your child as responsible for the criminal act or delinquent, the Court will sentence your child to some form of treatment, supervision, rehabilitation, or confinement. This decision can be appealed within 30 days of the disposition. The appeal must be filed with the Superior Court of Pennsylvania.
Summary Offenses: Under Pennsylvania Law, minor offenses are classified as summary offenses. But even these types of crimes can have a major impact on your job, education, and housing opportunities. Additionally, summary offenses can carry significant penalties of up to 90 days in jail and fines.
Juvenile proceedings in Pennsylvania begin when the Commonwealth, through a law enforcement officer or district attorney, files a court petition charging a minor with criminal activity. Once the petition is filed, a minor and their family are scheduled to meet with a juvenile probation officer to discuss the charged offenses and the rights of the minor child. Following this meeting, an adjudicatory hearing is scheduled before a Court of Common Pleas judge and the court process begins.
Once a case proceeds to Common Pleas, the minor child along with their parents and attorney appear in Court to address the filed charges. Court hearings before the Judge can span several court appearances over several weeks and even months as the allegations of the offense are contemplated and outcome of the case is negotiated by the prosecutor and defense counsel. Ultimately, a juvenile case will be resolved in one of several ways. Charges can be dismissed by the District Attorney, a child can admit to the original charges, or even reduced charges, and be adjudicated delinquent. In some cases, the Commonwealth may allow your child to participate in a diversional outcome referred to as a ‘consent decree’ allowing the child to complete specific conditions and programs in exchange for allowing the charges to be dismissed. In the event that no resolution can be made between the parties, a child also has the option to take a hearing before the Court—much like an adult trial, to determine whether there is enough evidence to establish that the juvenile did indeed commit the alleged offense.
If the judge determines your child as responsible for the criminal act or delinquent, the Court will sentence your child to some form of treatment, supervision, rehabilitation, or confinement. This decision can be appealed within 30 days of the disposition. The appeal must be filed with the Superior Court of Pennsylvania.
Summary Offenses: Under Pennsylvania Law, minor offenses are classified as summary offenses. But even these types of crimes can have a major impact on your job, education, and housing opportunities. Additionally, summary offenses can carry significant penalties of up to 90 days in jail and fines.
- Disorderly Conduct—Under PA law, disorderly conduct is a charge consisting broadly of causing a public inconvenience. It may involve conduct such as fighting in a bar; Being too noisy (neighbors having a loud party) or using obscene language or gestures.
- Public Drunkenness—A person is guilty of this offense if the person appears in any public place manifestly under the influence of alcohol or a controlled substance to the degree that the person endangers themselves, other persons, other property or annoys anyone in the vicinity. A first-time conviction can include up to 90 days imprisonment (although not likely) and a $500 fine. A second conviction can increase the fine amount to up to $1,000.
- Underage Drinking—Can carry stiff penalties including license suspension, fines more than $500 and even jail time if over 18. A one-time lapse in judgment has the potential to adversely affect future job prospects, academic opportunities and even student loan eligibility.
- Retail Theft—When the stolen merchandise is $150 or less, retail theft constitutes a summary offense. It may be punishable by up to 90 days in jail and a $300 fine. If a second or subsequent offense or the stolen merchandise is over $150, the offense will be a misdemeanor or even a felony.
- Other summary offenses include defiant trespass, harassment, and criminal mischief.
Traffic Offenses / Driving Under Suspension
At Pinnacle Legal Services, we provide aggressive representation for people accused of all types of traffic violations including:
At Pinnacle Legal Services, we recommend contesting the summary offense. If you have no criminal record, the Magistrate may be willing to throw out the case, or alternatively come up with a resolution that will allow you to keep your record clean. For instance, a first time shoplifter may be able to take a class about the negative effects of shop lifting. Even if convicted, you have the right to file a summary appeal, within 30 days of conviction, for a trial in front of a different judge.
- Driving on a Suspended or Revoked License
- Careless Driving
- Reckless Driving
- Speeding Violations
- Driving without insurance and/or inspection
- Texting While Driving
- Following Too Closely
- Stop Sign/Red Light Violations
- School Bus Violations
At Pinnacle Legal Services, we recommend contesting the summary offense. If you have no criminal record, the Magistrate may be willing to throw out the case, or alternatively come up with a resolution that will allow you to keep your record clean. For instance, a first time shoplifter may be able to take a class about the negative effects of shop lifting. Even if convicted, you have the right to file a summary appeal, within 30 days of conviction, for a trial in front of a different judge.
Expungement
Expungement is the formal name for “erasing” one’s criminal record from public view. Pennsylvania law provides four ways to deal with erasing your record depending on the significance of the crime and how long you have avoided negative police contact.
Having your criminal record expunged is extremely important to getting your life back to normal. Fortunately, the process is a relatively simple and inexpensive process. The process can take up to one year and we will keep you updated each step of the way.
- Full Expungement—Completely erases charges from public view.
- Partial—Erases some of the charges from public view
- Record Sealing: Allows the charges to be viewed only by law enforcement and state licensed agencies.
- Governors Pardon—Restores all rights lost due to criminal conviction, including voting rights.
Having your criminal record expunged is extremely important to getting your life back to normal. Fortunately, the process is a relatively simple and inexpensive process. The process can take up to one year and we will keep you updated each step of the way.
Domestic Violence
Under Pennsylvania law, domestic violence is not a distinct criminal charge. Instead, domestic violence encompasses certain offense committed between two or more people with a particular relationship.
Domestic abuse can occur between:
You can be accused and charged with domestic abuse if you allegedly committed assault, aggravated assault, false imprisonment, reckless endangerment, harassment, sexual assault, statutory sexual assault, indecent assault and aggravated indecent assault, rape, involuntary deviate sexual intercourse, incest, or sexual abuse of a minor child. If you are accused of domestic violence, you will face charges for the underlying crime. If convicted, you may face a harsher sentence due to aggravating circumstances.
Also, whether or not you are convicted, the victim of the abuse may obtain an order of protection against you. If you commit another act of domestic violence against that person, you may be charged with a new crime of criminal contempt.
When facing accusations of domestic violence, it is important you work with a violent crimes attorney who can defend you against criminal charges and against civil protection orders.
Domestic Violence Defense: Crimes are classified as domestic violence based on the nature of the relationship between the accuser and the accused. Domestic Violence crimes can include:
Potential Defenses: When you are charged with any violent crime, no matter the level of severity, you need to call a lawyer and discuss your potential violent crime defense. While there are various defense options for violent offenses, they may not all apply to your case. You need an experienced and skilled violent crimes attorney to review your case and determine the most appropriate defense strategy.
Possible defenses include:
Domestic abuse can occur between:
- Family members (by blood or marriage);
- Household members (but not roommates);
- Current or former sexual or romantic partners; and
- Individuals who have children together.
You can be accused and charged with domestic abuse if you allegedly committed assault, aggravated assault, false imprisonment, reckless endangerment, harassment, sexual assault, statutory sexual assault, indecent assault and aggravated indecent assault, rape, involuntary deviate sexual intercourse, incest, or sexual abuse of a minor child. If you are accused of domestic violence, you will face charges for the underlying crime. If convicted, you may face a harsher sentence due to aggravating circumstances.
Also, whether or not you are convicted, the victim of the abuse may obtain an order of protection against you. If you commit another act of domestic violence against that person, you may be charged with a new crime of criminal contempt.
When facing accusations of domestic violence, it is important you work with a violent crimes attorney who can defend you against criminal charges and against civil protection orders.
Domestic Violence Defense: Crimes are classified as domestic violence based on the nature of the relationship between the accuser and the accused. Domestic Violence crimes can include:
- Assault
- Harassment
- Terroristic Threats
- Child Endangerment
- Stalking
- Strangulation
- Recklessly Endangering Another Person
- PFA Violations (Indirect Criminal Contempt)
Potential Defenses: When you are charged with any violent crime, no matter the level of severity, you need to call a lawyer and discuss your potential violent crime defense. While there are various defense options for violent offenses, they may not all apply to your case. You need an experienced and skilled violent crimes attorney to review your case and determine the most appropriate defense strategy.
Possible defenses include:
- Mistake of identity
- Alibi for the time of the offense
- False allegations
- Lack of necessary intent
- Self-defense
- Defense of others
- Defense of property
- The Castle Doctrine (Stand your ground)
- Acting under duress
- Entrapment
- Consent of alleged victim
- Unconstitutional search and seizure
- Inadmissible evidence
- Insufficient evidence
Parole or Probation Violation
There are a variety of ways to attempt to minimize the impact of a probation or parole violation and that why hiring an attorney with the appropriate experience and relationships with the Probation/Parole Department is key.
- A probation violation is a serious offense in Pennsylvania. Individuals that have been placed on probation or parole in Pennsylvania and that fail to follow the terms of the probation as ordered by the court may face time in jail, or even prison depending if the original or new criminal charge was a misdemeanor or a felony. You do not want to go to jails.
- Sometimes your probation violation can be easily explained or rectified. Prosecutors are often very hard on people who have allegedly violated their probation. The way they view things, you have been given a chance and have failed to do the right thing.
- It is important to understand that when you are facing a probation violation in Pennsylvania that you understand the seriousness of the violation and the potential of a new possibly harsher sentence.
There are many reasons why people violate probation, and many of them may be beyond their control. A probation violation can occur anytime a person violates the terms of probation as ordered by the judge. Depending on the type of probation you were placed on, there are various types of probation violations, such as:- Committing a new crime
- Failure to pay fees associated with the probation or parole
- Failure to report a change of address
- Missing a drug test, testing positive or diluted
- Drinking if your probation specified no alcohol
- Speaking with a person you were ordered not to contact
- Failing to complete counseling for any reason
- Getting behind on court fines, fees, restitution or community service
- Removing any security monitoring device
- Failing to keep appointment with probation office
- Failure to pay fines and costs
- Failing to comply with a court order
Drug Possession Offenses
You can be charged with one or several drug-related crimes depending on the circumstances surrounding your arrest and the facts of your case. Some of the most common kinds of drug offenses our drug defense lawyers handle include:
Marijuana Crimes: Many calls we receive are about marijuana crimes, such as marijuana possession, cultivation, and distribution. You may not think a little cannabis is a big deal. However, marijuana is illegal in Pennsylvania, other than if you are lawfully allowed to purchase and privately use medical marijuana. Without lawfully being involved in the medical marijuana industry, any conduct involving marijuana can lead to criminal charges.
Marijuana is a Schedule I drug under Pennsylvania law. Under 35 Pa. Code §780-113(a)(31), if you possess a small amount of marijuana, which means less than 30 grams that is not intended for sale, you will face a misdemeanor offense.
You may also face charges for:
Cocaine and Heroin Charges: If you are arrested for manufacturing, possessing, distributing, selling, or trafficking cocaine, you will face cocaine charges and should contact our drug attorneys as soon as possible. Cocaine is a Schedule II under Pennsylvania law. If you are found in possession of a small amount, you face a misdemeanor charge. However, if you allegedly possess a large amount, and the prosecutor believes they can prove manufacturing, delivery, or possessing with the intent to deliver, then you can be charged with a felony.
Other Possible Drug Offenses:
Our drug lawyers are also prepared to defend you if you have been accused of:
Potential Punishment: Determining the potential punishment for a drug crime can be difficult. You need to understand the exact statute you are accused of violating, the level of that violation, and the possible maximum and minimum sentence upon conviction. All of this typically depends on:
You may be charged with a misdemeanor and sentenced to up to one year in jail and a fine up to $5,000. You also can be charged with a misdemeanor that is punishable by imprisonment up to three years and fines reaching $5,000. For other drug misdemeanor charges, you may face imprisonment up to six months and fines up to $10,000.
For certain drug felonies, you can be imprisoned for up to 15 years and fines up to $250,000; up to 10 years and fines reaching $100,000; up to five years and fines up to $15,000; or a maximum of three years and a $10,000 fine. As you can see, the potential penalties for a felony drug crime vary greatly, which is why it is essential you speak with a drug lawyer about the specific charges against you and the punishment you face.
Potential Collateral Consequences: If you are convicted of a drug offense in you may experience several statutory punishments such as incarceration, probation, fines, restitution, community service, and drug treatment and counseling. Unfortunately, after you complete these penalties and pay your debt to society, you will likely experience several secondary consequences. Having a permanent criminal record, particularly one with a drug offense, can lead to:
Potential Defenses:
- Drug Possession: It is unlawful under 35 Pa. Code §780-113(a)(1) to manufacture, sell, deliver, hold, offer for sale, or possess any controlled substance or other drug, device, or cosmetic that has been misbranded or adulterated. The specific charge and sentence you face depend on the type and amount of drug in your possession. Schedule I and II drugs are considered the most serious and can lead to harsh mandatory minimum sentences.
- Drug Trafficking: Drug trafficking can involve a wide range of conduct, from manufacturing and packaging drugs for distribution, hiding or transporting drugs, importing or exporting drugs, and distributing or selling drugs to others. Depending on the evidence, you may face charges for drug possession or possession with the intent to sell. You also can face serious charges for drug trafficking under 18 Pa. Code §7508. In some cases, drug trafficking is a misdemeanor. However, more often, it is a felony and comes with harsh minimums.
- Drug Paraphernalia: Not only is possessing drugs illegal, but so is possessing paraphernalia that can be used to plant, cultivate, manufacture, convert, process, prepare, package, store, conceal, or imbibe drugs. You can be charged with a crime for possessing drug paraphernalia, delivering or possessing with the intent to deliver paraphernalia, or advertising or promoting the sale of paraphernalia under 35 Pa. Code §780-113(a)(32)-(34).
- Drug Conspiracy: Based on 18 Pa. Code §903, you can be charged with conspiracy if you and at least one other person, with the intent to promote or facilitate the crime, agree to engage in a crime or agree to help someone in the planning or commission of an offense. If prosecutors have evidence you and another person or group of people planned to manufacture, possess, transport, or sell drugs, you will be charged with criminal conspiracy.
Marijuana Crimes: Many calls we receive are about marijuana crimes, such as marijuana possession, cultivation, and distribution. You may not think a little cannabis is a big deal. However, marijuana is illegal in Pennsylvania, other than if you are lawfully allowed to purchase and privately use medical marijuana. Without lawfully being involved in the medical marijuana industry, any conduct involving marijuana can lead to criminal charges.
Marijuana is a Schedule I drug under Pennsylvania law. Under 35 Pa. Code §780-113(a)(31), if you possess a small amount of marijuana, which means less than 30 grams that is not intended for sale, you will face a misdemeanor offense.
You may also face charges for:
- Cultivation of marijuana, if you are found growing marijuana plants for use or sale;
- Distribution of marijuana for larger quantities of the drugs; or
- Marijuana trafficking, if you transported, concealed, or distributed a large quantity of the drug.
Cocaine and Heroin Charges: If you are arrested for manufacturing, possessing, distributing, selling, or trafficking cocaine, you will face cocaine charges and should contact our drug attorneys as soon as possible. Cocaine is a Schedule II under Pennsylvania law. If you are found in possession of a small amount, you face a misdemeanor charge. However, if you allegedly possess a large amount, and the prosecutor believes they can prove manufacturing, delivery, or possessing with the intent to deliver, then you can be charged with a felony.
Other Possible Drug Offenses:
Our drug lawyers are also prepared to defend you if you have been accused of:
- Possession of Schedule I and II Drugs
- Possession of Schedule III or IV Drugs
- Possession of Schedule V Drugs
- Possession of Steroids
- Possession of MDMA, Methamphetamines, or Ecstasy
- Possession or Sale of Legal Precursor Chemicals
- Misbranding Controlled Substances
- Acquiring Controlled Substances by Fraud
- Criminal Use of a Communication Facility
Potential Punishment: Determining the potential punishment for a drug crime can be difficult. You need to understand the exact statute you are accused of violating, the level of that violation, and the possible maximum and minimum sentence upon conviction. All of this typically depends on:
- The conduct you are accused of, such as possession versus manufacturing drugs;
- The type of drug(s) involved, such as whether it is a Schedule I or IV drug;
- The amount of the drug(s) involved and whether it is a small quantity for personal use or a large quantity; and
- Your criminal history.
You may be charged with a misdemeanor and sentenced to up to one year in jail and a fine up to $5,000. You also can be charged with a misdemeanor that is punishable by imprisonment up to three years and fines reaching $5,000. For other drug misdemeanor charges, you may face imprisonment up to six months and fines up to $10,000.
For certain drug felonies, you can be imprisoned for up to 15 years and fines up to $250,000; up to 10 years and fines reaching $100,000; up to five years and fines up to $15,000; or a maximum of three years and a $10,000 fine. As you can see, the potential penalties for a felony drug crime vary greatly, which is why it is essential you speak with a drug lawyer about the specific charges against you and the punishment you face.
Potential Collateral Consequences: If you are convicted of a drug offense in you may experience several statutory punishments such as incarceration, probation, fines, restitution, community service, and drug treatment and counseling. Unfortunately, after you complete these penalties and pay your debt to society, you will likely experience several secondary consequences. Having a permanent criminal record, particularly one with a drug offense, can lead to:
- Challenges getting into college or graduate school
- Ineligibility for federal financial aid
- Difficulty obtaining private scholarships and grants
- Ineligibility for or difficulty obtaining certain professional licenses
- Difficulty obtaining and keeping a job
- Challenges being approved for rental housing
- Ineligibility for housing assistance
- Immigration issues
- Loss or reduction in child custody and visitation
- Loss of voting rights during incarceration, parole, and probation
- Loss of right to own firearms
- Challenges traveling internationally
Potential Defenses:
- You lacked possession of the drug(s)—they belonged to someone else.
- You lacked the necessary intent to commit the offense.
- You have been falsely accused by an informant or witness.
- There has been a mistake of identity, and someone else committed the crime.
- You did not possess the type or amount of drug you are accused of.
- Evidence was obtained through an illegal search and seizure.
- The police conducted an unlawful traffic stop.
- The alleged drugs cannot be found.
- You were the victim of entrapment.
- You lawfully purchased and used medical marijuana.
Violent Felonies
Violent crimes in Pennsylvania come in many forms, and they all have one thing in common: They involve a person’s health and safety being put in danger. Many violent crimes involve another person being physically injured or killed. Other violent crimes involve a victim avoiding injury yet suffering from a serious and immediate threat due to someone’s intentional conduct.
If you are ever accused of violence or threatening violence against another person, you should take steps to protect yourself. Do not try to evade the police or avoid arrest. However, do not answer a police officer’s questions. Instead, politely, calmly, and firmly state that you are invoking your right to remain silent and that you want an attorney.
Common Violent Crimes
Assault: You can be charged with simple assault if you try to cause or knowingly or recklessly cause another person bodily injury; negligently cause another person bodily injury with a deadly weapon; or use physical menace to put another person in fear of serious bodily injury. A wide range of situations can lead you to be charged with assault, and it is important that you realize you can be charged for your threats, even if the other person is not harmed. Simple assault is usually a third- or second-degree misdemeanor.
You can also face a higher-level offense if you are accused of aggravated assault. Under 18 Pa. Code §2702, you can be charged with aggravated assault if you use a deadly weapon or purposefully injure certain types of professionals while they are working. This is usually a second- or first-degree felony.
Robbery: Robbery is the combination of theft and a violent crime. You can be charged with robbery if you are accused of committing a theft, while also:
If you are accused of causing another person’s death, you may be charged with manslaughter or murder. Depending on the allegations against you and the specific evidence available, you may be charged with voluntary or involuntary manslaughter. In either situation, you need to call a violent crime lawyer right away.
Voluntary manslaughter occurs if you cause the death of another person without any legal justification, and at the time of the killing, you acted under a sudden and intense passion, which resulted from a serious provocation. This is a first-degree felony.
Involuntary manslaughter occurs when you cause another person’s death by performing a lawful or unlawful act in a reckless manner. This is a much less serious offense than voluntary manslaughter. If you are accused of killing another person through your gross negligence, then you will usually be charged with a first-degree misdemeanor. Except if the victim was younger than 12 years old, then you will face a second-degree felony.
You can be charged with murder if you intentionally kill another person; kill another person while committing a felony; or cause a person’s death in some other way that does not amount to manslaughter.
Intentionally killing another person leads to the highest possible charge in Pennsylvania. You will face first-degree murder and could be sentenced to life in prison or death. However, the state has only put three individuals to death since the late 1970s. If you are accused of killing another person while acting as a principal or accomplice in a felony, this is considered second-degree murder, punishable by up to life in prison. Other forms of causing a loss of life are charged as third-degree murder, and can be penalized with up to 40 years’ incarceration.
If you are ever accused of violence or threatening violence against another person, you should take steps to protect yourself. Do not try to evade the police or avoid arrest. However, do not answer a police officer’s questions. Instead, politely, calmly, and firmly state that you are invoking your right to remain silent and that you want an attorney.
Common Violent Crimes
Assault: You can be charged with simple assault if you try to cause or knowingly or recklessly cause another person bodily injury; negligently cause another person bodily injury with a deadly weapon; or use physical menace to put another person in fear of serious bodily injury. A wide range of situations can lead you to be charged with assault, and it is important that you realize you can be charged for your threats, even if the other person is not harmed. Simple assault is usually a third- or second-degree misdemeanor.
You can also face a higher-level offense if you are accused of aggravated assault. Under 18 Pa. Code §2702, you can be charged with aggravated assault if you use a deadly weapon or purposefully injure certain types of professionals while they are working. This is usually a second- or first-degree felony.
Robbery: Robbery is the combination of theft and a violent crime. You can be charged with robbery if you are accused of committing a theft, while also:
- Causing someone else a serious bodily injury;
- Threatening someone else with immediate harm or placing them in fear of immediate harm;
- Committing or threatening to commit a second- or first-degree felony, such as homicide;
- Causing or threatening to cause someone immediate harm;
- Taking property from someone by force, no matter how slight; or
- Taking money from a financial institution by demanding it from an employee, like a bank teller.
If you are accused of causing another person’s death, you may be charged with manslaughter or murder. Depending on the allegations against you and the specific evidence available, you may be charged with voluntary or involuntary manslaughter. In either situation, you need to call a violent crime lawyer right away.
Voluntary manslaughter occurs if you cause the death of another person without any legal justification, and at the time of the killing, you acted under a sudden and intense passion, which resulted from a serious provocation. This is a first-degree felony.
Involuntary manslaughter occurs when you cause another person’s death by performing a lawful or unlawful act in a reckless manner. This is a much less serious offense than voluntary manslaughter. If you are accused of killing another person through your gross negligence, then you will usually be charged with a first-degree misdemeanor. Except if the victim was younger than 12 years old, then you will face a second-degree felony.
You can be charged with murder if you intentionally kill another person; kill another person while committing a felony; or cause a person’s death in some other way that does not amount to manslaughter.
Intentionally killing another person leads to the highest possible charge in Pennsylvania. You will face first-degree murder and could be sentenced to life in prison or death. However, the state has only put three individuals to death since the late 1970s. If you are accused of killing another person while acting as a principal or accomplice in a felony, this is considered second-degree murder, punishable by up to life in prison. Other forms of causing a loss of life are charged as third-degree murder, and can be penalized with up to 40 years’ incarceration.