DANGEROUS & VIOLENT CRIMES IN PENNSYLVANIA
Violent / dangerous crimes IN WILKES-BARRE, PA
Violent Crime Defense Lawyers in Wilkes-Barre / Scranton
Thank you for visiting Lampman Law. If you or someone you love is charged with a violent crime in Northeastern Pennsylvania, we are here to help and ready to fight for you.
We are experienced criminal defense lawyers and are in district and trial courts daily representing people charged with serious crimes throughout Northeastern and Central Pennsylvania. Since Lampman Law opened we have zealously our client and have helped them avoid the penalties and social stigma that accompany criminal convictions.
If you would like us to examine your case, please call Lampman Law at 570-371-3737 to personally discuss the matter with us. We offer a free phone or in-office consultation. All consultations are also welcoming, free of pressure, and completely confidential.
FAQs when a Violent Crime is Charged:
Where are the violent crimes within PA’s crime code?
Pennsylvania’s violent criminal offenses are all found within Title 18, Pennsylvania’s Crimes Code, they are spread out in various chapters. For example, crimes resulting in a death (all forms of criminal homicide) are codified within Chapter 25 of Title 18. Assaults (crimes causing or threatening immediate bodily injury) are found within Chapter 27. This article is an overview of Pennsylvania’s criminal laws concerning violent offenses and other crimes that threaten and/or present imminent danger (bodily injury or death) to a person.
While sexual offenses certainly involve violence, threats, and bodily harm those laws are examined separately on this website because defending sex cases involve special considerations that are not otherwise applicable to this discussion.
Other dangerous criminal acts such as drug crimes (PWID) and serious motor vehicle violations (DUI, reckless driving, road racing) are codified within the drug act and motor vehicle code are also studied separately on this website.
A few violent crimes are also crimes against property (arson, burglary, robbery) but are analyzed here because the element of violence (threat/cause of bodily injury) is not only an essential element of the crime, it is also the reason for the enhanced status (weight of the penalty) of the crime.
What are the violent crimes in Pennsylvania?
§ 2501. Criminal Homicide
§ 2501. Murder
§ 2503. Voluntary Manslaughter
§ 2504. Involuntary Manslaughter
§ 2505. Causing or Aiding Suicide
§ 2506. Drug Delivery Resulting in Death
§ 2507. Criminal Homicide of Law Enforcement Officer
Ch. 26. Crimes Against Unborn Child.
§ 2701. Simple Assault
§ 2702. Aggravated Assault
§ 2702.1. Assault of Law Enforcement Officer.
§ 2703-04. Assaults by Prisoner.
§ 2705 Recklessly Endangering Another Person.
§ 2706. Terroristic Threats.
§ 2707. Propulsion of Missiles.
§ 2707.1. Discharge of Firearm into Occupied Structure.
§ 2709. Harassment.
§ 2709.1. Stalking.
What should I do if the police are investigating me about a violent crime?
Invoke your constitutional rights to remain silent and to have legal counsel. In other words, with all due respect: Shut up & Lawyer up.
Visit our FAQs page for a more detailed answer to this question.
How are violent offenses graded in Pennsylvania?
Violent or dangerous crimes are graded as criminal homicide (e.g., H1), felony (F), misdemeanor (M), and occasionally as summary violations (S).
The factors that determine how a violent/dangerous crime are graded are the accused’s suspected intent (what the police think the actor intended to do) and the result of the act (level of threat or injury caused).
The offense may be enhanced based on the victims age, condition, or the use of weapons.
The range of punishment for a violent offense is reached by calculating an offender’s prior record score (PRS) and the crime’s offense gravity score (OGS).
What options do I have if charged with a violent crime?
Every accused of committing a violent/dangerous crime has the right to a jury trial (provided the maximum penalty exceeds six (6) months imprisonment).
Statistics, however, show that most cases are resolved with a guilty plea. Whether to proceed to trial or plead guilty is the accused choice and should be made with the advice of experienced criminal defense counsel. Ideally, a criminal lawyer should prepare every case for trial (drafting specific questions to cross-examine every potential witness) and then offer her/his advice related to the trial/plea decision.
Diversion programs (ARD or specialty courts) are sometimes offered for violent/dangerous offenses. However, it is not the norm and special circumstances should support such a disposition.
How to get bail lowered for a violent offense?
Except for homicide (murder) and capital cases that are not eligible for bail, motions to modify and/or reduce bail can be made anytime by oral or written motion.
An experienced criminal defense lawyer understands what questions to ask their client about their life and case to make a strong argument for a lower bail.
Visit our FAQs page for a more detailed answer to this question.
What is there isn’t any proof of injury?
In some cases, the police do not need to present evidence of an actual injury to prove their case. Showing the accused attempted or committed an act with the intention of causing an injury may be enough to support a conviction of a violent crime.
What if the victim of a violent crime doesn’t testify?
In many cases the prosecution does not need the victim to appear or testify to obtain a conviction.
The prosecution can rely on hearsay evidence satisfy their burden at a preliminary hearing. Therefore, the police can move a case forward based on their testimony even if a victim fails to appear or is uncooperative at the initial hearing.
At trial, hearsay is generally inadmissible; however, the prosecution may be able to prove their case with evidence and/or testimony from witnesses other than the victim.
Why should I hire a criminal defense lawyer?
Yes, if you can afford to pay a private criminal defense lawyer you should promptly do so whenever you’ve been charged with a violent crime or if you suspect that you are the target of a criminal investigation.
If you cannot afford to hire a private defense lawyer, you should timely apply for a public defender.
Visit our FAQ page for a more detailed answer to this question.
Lampman Law has successfully defended client’s in violent cases
The lawyers at Lampman Law have significant experience defending individuals accused of violent crimes. We regularly defend homicide cases at the trial and appellate level and earned an acquittal of a first-degree murder charge. We often defend assault cases and have earned full acquittals on both self-defense theories and by directly challenging the prosecution’s evidence. We have also had numerous violent cases (e.g., assaults, discharging firearms into structures, drug delivery resulting in death, endangering charges, riot, robbery, strangulations, terroristic threats) dismissed or withdrawn at the preliminary hearing or via pre-trial litigation.
Our successes are relevant to the extent they show we have experience successfully defending major violent cases, we work hard at it, our strategy succeeded in those case, and we understand how to win serious criminal cases. However, every case is different, and no lawyer’s experience/past success alone will decide the outcome of your current case.
Where’s a violent crime lawyer near me?
Lampman Law is at 2 Public Square in Wilkes-Barre, Pennsylvania and we practice throughout northeastern and central Pennsylvania.
Lampman Law offers a free phone and/or in office consultations to evaluate your case. Please call (570) 371-3737 today to speak with a lawyer or to schedule a consultation.
Should you choose to trust Lampman Law with your case, the fees are reasonable and detailed written fee agreements are always use. Payment plans (including credit card payment and financing) are also available.
§ 2710. Ethnic Intimidation.
§ 2712. Assault on Sports Official
§ 2715-16. Weapons of Mass Destruction
§ 2717. Terrorism
§ 2718. Strangulation.
Ch. 28. Anti-Hazing.
Ch. 29. Kidnapping
Ch. 30. Human Trafficking
Ch. 31. Sexual Offenses
§ 3301. Arson.
§ 2502. Burglary
§ 3701. Robbery
§ 3702. Robbery of Motor Vehicle
§ 4304. Endangering Welfare of Children
§ 5501. Riot.
§ 5503. Disorderly Conduct.
Ch. 61. Firearms & Dangerous Articles.