Homicide
Crimes of homicide carry the most significant penalties of any criminal offense. It is imperative that you hire an attorney at the first moment that you believe police will be looking to question you relative to any alleged homicide.
Below are the crimes that qualify as homicide and the penalties associated with each offense.
Murder 18 Pa.C.S. § 2502
Murder is a Felony and is segregated into 3 degrees, and for individuals over the age of 18 the following apply: 1st degree Murder carries the penalty of Death or life in Prison. 2nd degree Murder carries life in Prison. 3rd Degree Murder has a starting recommended minimum sentence of 6 to 20 years.
Voluntary Manslaughter 18 Pa.C.S. § 2503
There is much confusion as what qualifies as Voluntary Manslaughter. Voluntary Manslaughter is defined as “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 killer.” Voluntary Manslaughter is a Felony of the First Degree having a maximum punishment of 20 years in Jail.
Involuntary Manslaughter 18 Pa.C.S. § 2504
“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. Voluntary Manslaughter is a Misdemeanor of the first degree carrying a maximum penalty of 5 years in jail, unless the victim is under 12 years of age and in the care, custody, or control of the person who caused the death, then in that case it is a Felony of the 3rd degree carrying maximum penalty of 7 years in jail.
Assaults
Crimes of assault are very serious. Even if not sentenced to jail time, a conviction of an assault crime can have a significant impact, not just on employment, but may also limit your ability to gain employment, or even participate in functions at your child’s school.
Below are a list of some of the crimes that qualify as assault, and the penalties associated with each offense.
Simple Assault 18 Pa.C.S. § 2701 is defined as: “Except as provided under 2702 (relating to aggravated assault), a person is guilty of assault if he:
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(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
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(2) negligently causes bodily injury to another with a deadly weapon;
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(3) attempts by physical menace to put another in fear of imminent serious bodily injury; or
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(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.
Generally, Simple assault is a Misdemeanor of the second degree carrying a maximum penalty of 2 years in Jail and a $5,000.00 fine. Mutual consents fights are Misdemeanors of the 3rd degree and carry a maximum penalty of 1 year in jail, and a $2,500.00 fine. Assaults of children under 12 by persons over 18 are Misdemeanors of the first degree and carry a maximum penalty of 5 years in jail and a $10,000.00 fine.
Aggravated Assault 18 Pa.C.S. § 2702 “a person is guilty of aggravated assault if he:
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(1) attempts to cause serious bodily injury to another, or causes such injury intentionally, knowingly or recklessly under such circumstances manifesting extreme indifference to the value of human life;
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(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;
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(3) attempts to cause or intentinally or knowingly causes bodily injury to any of the officers, agents, employees or other persons enumerated in subsection (c), in the performance of duty;
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(4) attempts to cause or intentionally or knowingly causes bodily injury to another with a deadly weapon;
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(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;
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(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;
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(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 devise against any officer, employee or other person enumerated in subsection (c) while acting in the scope of his employment;
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(8) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to a child less than six years of age, by a person 18 years of age or older; or
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(9) attempts to cause or intentionally, knowingly or recklessly causes serious bodily injury to a child less than 13 years of age, by a person 18 years of age or older.
Aggravated assault is graded as either a first or second degree Felony and has a maximum punishment of 20 years in jail and a $25,000.00 fine.
Harassment 18 Pa.C.S. § 2709 “A person commits the crime of harassment when, with the intent to harass, annoy or alarm another, the person:
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(1) strikes, shoves, kicks or otherwise subjects the other person to physical contact, or attempts or threatens to do the same;
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(2) follows the other person in or about a public place or places;
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(3) engages in a course of conduct or repeatedly commits acts which serve no legitimate purpose;
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(4) communicates to or about such other person any lewd, lascivious, threatening or obscene words, language, drawings or caricatures;
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(5) communicates repeatedly in an anonymous manner;
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(6) communicates repeatedly at extremely inconvenient hours; or
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(7) communicates repeatedly in a manner other than specified in paragraphs (4),(5) and (6).
First time offenders will be found guilty of either a summary or a Misdemeanor 3. Summary offenses carry a maximum penalty of 90 days in jail and a $300.00 fine. Misdemeanors of the third degree carry a maximum penalty of 1 year in jail and a $1,500.00 fine. Repeat offenders of subsection (1), (2) or (3) receive a one degree enhancement.
Burglary and Criminal Trespass
The major difference between Burglary and Criminal Trespass is that Burglary requires that the trespasser enter a building or occupied structure with the intent to commit a crime therein.
Burglary is a very serious offense and is graded as either a Felony 1 or 2, carrying either a 10 or 20 year maximum jail sentence and up to a $20,000.00 fine. The fine does not include any restitution owed for damages caused during the Burglary.
Criminal trespass can be graded as anything from a Misdemeanor 3 to a Felony 3, carrying maximum jail time of 1 to 7 years, and fines of up to $2,500 to $15,000.
Burglary 18 Pa.C.S.A § 3502 is defined as:
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(a).- A person commits the offense of burglary if, with the intent to commit a crime therein, the person:
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(1) enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense any person is present;
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(2) enters a building or occupied structure, or separately secured or occupied portion thereof that is adapted for overnight accommodations in which at the time of the offense no person is present;
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(3) enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense any person is present; or
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(4) enters a building or occupied structure, or separately secured or occupied portion thereof that is not adapted for overnight accommodations in which at the time of the offense no person is present.
Criminal Trespass 18 Pa.C.S.A § 3503 is defined as:
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(a) Buildings and occupied structures.
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(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he:
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(i) enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof; or
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(ii) breaks into any building or occupied structure or separately secured or occupied portion thereof.
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(b) Defiant trespasser
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(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place as to which notice against trespass is given by:
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(i) actual communication to the actor;
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(ii) posting in a manner prescribed by law or reasonably likely to come to the attention of intruders;
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(iii) fencing or other enclosure manifestly designed to exclude intruders;
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(iv) notices posted in a manner prescribed by law or reasonably likely to come to the person’s attention at each entrance of school grounds that visitors are prohibited without authorization from a designated school, center or program official; or
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(v) an actual communication to the actor to leave school grounds as communicated by a school, center or program official, employee or agent or a law enforcement officer.
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(b.1) Simple trespasser
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(1) A person commits an offense if, knowing that he is not licensed or privileged to do so, he enters or remains in any place for the purpose of:
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(i) threatening or terrorizing the owner or occupant of the premises;
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(ii) starting or causing to be started any fire upon the premises;
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(iii) defacing or damaging the premises; or
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(iv) unlawfully taking secondary metal from the premises.
Criminal trespass also includes Agricultural and Agricultural biosecurity area trespasser.
