Violent crimes range in severity, complexity and consequence. The one thing each of the crimes listed below have in common is the fact that each has numerous defenses that are applicable, and an attorney who understands the law and is willing to investigate, study your case and fight aggressively for you is of utmost importance.
If you or a loved one is charged with one of Pennsylvania’s violent crimes contact Chester County criminal lawyer Mike DiCindio today.
Assault crimes range from summary harassment, misdemeanor simple assault to felony aggravated assault. Each of these, while differing in severity, all involve crimes against another person and have numerous defenses and ways to either justify ones actions or negate the intent that may be required before a conviction is appropriate.
The most serious of all crimes against another person is the crime of homicide. The ways in which the prosecution can prove a homicide charge can vary. Depending on the situation and the facts at hand, the intent required to prove each degree of homicide dictate the types of defenses that need to be explored and employed and also the type of penalty that may be of consequence in a specific case. There is not a moment to waste in these cases. The earlier a defense attorney begins to properly investigate a homicide charge, the better. A proper defense must begin the moment one is alleged to have committed this offense. Each degree of criminal homicide in Pennsylvania carries with it a specific set of issues that become relevant and the modes of defense differ greatly. The only way to properly prepare a defense is to find a knowledgeable and hard working attorney who knows the issues, will investigate thoroughly and who, in the end, is willing to bring the case to trial and put the prosecutions evidence to task.
Contact DiCindio Law today if you have been charged with any of the below listed crimes. There is not a moment to waste.
Violent Offense Statutes
18 Pa.C.S.A. § 2701 – Simple assault
(a) A person is guilty of assault if he:
(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
(2) negligently causes bodily injury to another with a deadly weapon;
(3) attempts by physical menace to put another in fear of imminent serious bodily injury; or
(4) conceals or attempts to conceal a hypodermic needle on his person and intentionally or knowingly penetrates a law enforcement officer or an officer or an employee of a correctional institution, county jail or prison, detention facility or mental hospital during the course of an arrest or any search of the person.
18 Pa.C.S.A. § 2702 – Aggravated assault
(a) A person is guilty of aggravated assault if he:
(1) attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life;
(2) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c) or to an employee of an agency, company or other entity engaged in public transportation, while in the performance of duty;
(3) attempts to cause or intentionally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
(4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
(5) attempts to cause or intentionally or knowingly causes bodily injury to a teaching staff member, school board member or other employee, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school;
(6) attempts by physical menace to put any of the officers, agents, employees or other persons enumerated in subsection (c), while in the performance of duty, in fear of imminent serious bodily injury; or
(7) uses tear or noxious gas as defined in section 2708(b) (relating to use of tear or noxious gas in labor disputes) or uses an electric or electronic incapacitation device against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment.
Homicide in Pennsylvania may be classified in one of three main ways under the statute for Murder.
18 Pa.C.S.A. § 2502. Murder
(a) Murder of the first degree – A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
(b) Murder of the second degree – A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.
(c) Murder of the third degree – All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree.
Other offenses involving the unlawful killing of another individual are addressed under the Manslaughter statutes.
18 Pa.C.S.A. § 2503. Voluntary manslaughter
(a) A person who kills an individual without lawful justification commits voluntary manslaughter if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by:
(1) the individual killed; or
(2) another whom the actor endeavors to kill, but he negligently or accidentally causes the death of the individual killed.
18 Pa.C.S.A. § 2504. Involuntary manslaughter
(a) A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.
The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The information provided is for informational purposes only and may not reflect the most current legal developments. These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. Please contact DiCindio Law for a consultation and to discuss what law is relevant to your case.
Mike DiCindio is a criminal defense lawyer who represents individuals accused of crimes throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale as well as in Montgomery County, Lancaster County, Delaware County, Philadelphia County, Bucks County and Berks County.