Violent Crime Lawyer

Pennsylvania Violent Crimes

Murder

(18 PA Cons Stat §2501 & §2502)
Pennsylvania defines criminal homicide as intentionally, knowingly, recklessly, or negligently causing another person’s death. This offense is classified as either murder, voluntary manslaughter, or involuntary manslaughter.

A prosecutor will charge you with murder in the first degree if you allegedly committed an intentional killing. Murder in the second degree constitutes a killing that occurred when you were engaged in a felony offense. Murder in the third degree is a first-degree felony, and encompasses all other types of criminal homicide.

Manslaughter

(18 PA Cons Stat §2503 & §2504)
A prosecutor can charge you with a first-degree felony for voluntary manslaughter for allegedly killing someone without lawful justification. At the time, you must have been acting under a sudden and intense passion resulting from serious provocation.

A prosecutor may charge you with a first-degree misdemeanor for involuntary manslaughter if you while performing a lawful or unlawful act recklessly, cause another person’s death. However, if the victim was under 12 years old and in your care, then a prosecutor will charge you with a second-degree felony.

Homicide by Vehicle

(75 PA Cons Stat §3732)
A prosecutor can charge you with a third-degree felony if you recklessly or with gross negligence drive a vehicle and cause another person’s death.

Simple Assault

(18 PA Cons Stat §2701)
A prosecutor can charge you with a misdemeanor offense if you:

• Intentionally or recklessly cause another person injury or try to;
• Negligently cause another person bodily injury with a deadly weapon;
• Try to place another person in fear of imminent serious bodily injury by physical menace; or
• Conceal a hypodermic needle on your person and intentionally use it against a law enforcement officer or an employee of a correctional institute, detention facility, or mental hospital during a search or arrest.

Typically, a prosecutor will charge you with a second-degree misdemeanor. However, if you were involved in a fight with someone who agreed to the conduct, a prosecutor will charge you with a third-degree misdemeanor.

Aggravated Assault

(18 PA Cons Stat §2702)
Aggravated assault covers more serious violent behavior or attempts at violence than simple assault. A prosecutor can charge you with a first- or second-degree felony if you cause or attempt to cause someone serious bodily injury, cause someone ham with a deadly weapon, or assault certain professionals, such as teachers, police officers, firefighters, emergency responders, district attorneys, public defenders, government officials, elected officials, etc.

Assault on Law Enforcement

(18 PA Cons Stat §2702.1)
A prosecutor will charge you with a first-degree felony if you try to cause or intentionally or knowingly cause a law enforcement officer bodily harm by discharging a firearm. For a prosecutor to obtain a conviction, they must prove the officer was performing their duties, and you knew they were an officer.

Aggravated Assault by a Vehicle—DUI

(75 PA Cons Stat §3735.1)
A prosecutor can charge you with a second-degree felony if you negligently cause another person serious bodily injury by driving while intoxicated. If at the time of the DUI accident, your driver’s license had been suspended or revoked, you face an additional two years of incarceration.

Reckless Endangerment

(18 PA Cons Stat §2705)
A prosecutor can charge you with a second-degree misdemeanor if you recklessly engage in conduct that places or may place another person in danger of death or serious bodily injury.

Harassment

(18 PA Cons Stat §2709)
You can be charged with a summary offense or misdemeanor if you engage in conduct with the intent to harass, annoy, or alarm another person. Unlawful conduct can include hitting, kicking, or shoving another person or threatening to harm them; following another person in or around public places; sending lewd or obscene messages; repeatedly communicating in an anonymous manner or at inconvenient hours.

Harassment also includes cyber harassment of a minor. This means engaging in electronic communications or publishing content on social medial meant to make disparaging comments about the child’s physical characteristics, sexuality, sexual activity, or mental or physical health or to threaten harm.

Stalking

(18 PA Cons Stat §2709.1)
A first offense of stalking is a first-degree misdemeanor. Stalking includes engaging in a course of conduct, such as following another person or repeatedly communicating with them, under circumstances that demonstrate your intent to place the victim in fear of bodily injury or to cause substantial emotional distress.

Strangulation

(18 PA Cons Stat §2718)
Strangulation is knowingly or intentionally impeding a person’s breathing or blood circulation by applying pressure to the throat or neck or blocking the person’s nose and mouth. A prosecutor could charge you with a second-degree misdemeanor for strangulation or a second-degree felony if the victim were a family member, household member, or someone dependent on your care.

A prosecutor can charge you with a first-degree felony for strangulation if, at the time of the offense, you were under an active protection from abuse order or similar court order that included the victim.

Kidnapping

(18 PA Cons Stat §2901)
A prosecutor can charge you with kidnapping if you unlawfully remove a person a substantial distance from the place they were found or confine a person for a substantial period in isolation, and you intended to:

• Hold the person for ransom or as a hostage;
• Facilitate a felony or flight;
• Inflict bodily injury or terrorize the victim or another person; or
• Interfere with government performance or a political function.

Kidnapping is a first-degree felony.

Robbery

(18 PA Cons Stat §3701)
Robbery entails committing theft and removing the property from a person by force; causing someone serious bodily injury; threatening harm; threatening a serious felony, or taking money from a financial institution by making demands of an employee. Depending on the facts, a prosecutor may charge you with a first- or second-degree felony.

Endangering the Welfare of a Child

(18 PA Cons Stat §4304)
A prosecutor can charge you with a misdemeanor or felony if you, as a parent, guardian, or other adult in charge of taking care of a minor, knowingly violate the duty of care, protection, or support and endanger the child’s welfare. This offense would be a felony if you created a substantial risk of harm or death.

Domestic Violence

(23 PA Cons Stat §6102)
Pennsylvania does not have one distinct domestic violence statute. Instead, certain violent crimes committed against people with particular relationships constitute domestic violence and can be more harshly punished.

Pennsylvania defines “abuse” as one of the following acts between family or household members, sexual or intimate partners, or individuals who share parenthood:

• Attempting to cause or intentionally, knowingly, or recklessly causing bodily harm, serious bodily injury, rape, involuntary deviate sexual intercourse, sexual assault, stator sexual assault, aggravated indecent assault, indecent assault, or incest;
• Placing another in reasonable fear of imminent serious bodily injury;
• False imprisonment;
• Physically or sexually abusing a minor child; or
• Harassment and stalking.

Child Abuse

(23 PA Cons Stat §6303(b.1))
In Pennsylvania, child abuse is defined as intentionally, knowingly, or recklessly causing:

• A child bodily injury;
• Medical symptoms, which result in potentially harmful medical evaluations or treatment;
• Serious mental injury to a child;
• Sexual abuse or exploitation of a child;
• A reasonable likelihood of bodily injury, sexual abuse, or exploitation of a child;
• Serious physical negligent;
• Unreasonable restraint or confinement of a child;
• Interference with a child’s breathing;
• A child to be in a meth lab;
• A child to be left with a registered sex offender or sexually violent predator;
• A child’s death; or
• Child trafficking.

Depending on the allegations against you, a prosecutor may charge you with a misdemeanor or felony based on the specific facts of your case. You also will be investigated by Child Welfare Services.

Protection from Abuse Orders

(23 PA Cons Stat §§6101—6122)
If another person can prove you harmed them or are likely to harm them, then they can obtain a protection from abuse order against you. You may know of these as a restraining order.

A prosecutor can charge you with indirect criminal contempt of court (23 PA Cons Stat §6114) if you violate a PFA order. If the judge finds you guilty of content, you can be punished with up to six months in jail or supervised probation and a fine between $300 and $1,000.

Resisting Arrest

(18 PA Cons Stat §5104)
A prosecutor can charge you with a second-degree misdemeanor if, with the intent to prevent a law enforcement officer from arresting you, you create a substantial risk of bodily injury for the officer or anyone else, or you act in a way that requires or justifies substantial force to overcome.