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Archive for the ‘Domestic Violence’ Category
Friday, February 18th, 2011
If you are charged with a 1st degree Assault in Pennsylvania (or Aggravated Assault), Pittsburgh, or Allegheny County, you are facing felony charges and potential jail time even if you are a first time offender. The matter is even more complicated if you have been previously convicted of a “crime of violence,” whether or not it happened in Pittsburgh or Pennsylvania. An experienced Pittsburgh Criminal Attorney knows that with previous convictions for crimes of violence you could be facing upwards of life imprisonment without the possibility of parole.
In order to achieve the best criminal defense in Pittsburgh, or anywhere else in Pennsylvania, you must first know what constitutes a crime of violence. The qualified Pennsylvania criminal attorney will tell you that the following are all considered violent crimes in both the Allegheny County Courts and other Pennsylvania courts:
- Murder of the Third Degree,
- Voluntary Manslaughter,
- Aggravated Assault as defined in 18 Pa.C.S.A. § 2702(a)(1) or (2),
- Rape,
- Involuntary Deviate Sexual Intercourse,
- Aggravated Indecent Assault,
- Incest,
- Sexual Assault,
- Arson as defined in 18 Pa.C.S.A. § 3301(a),
- Kidnapping,
- Burglary of a structure adapted for overnight accommodation in which at the time of the offense any person is present,
- Robbery as defined in 18 Pa.C.S.A. § 3701(a)(1)(i), (ii) or (iii),
- Robbery of a Motor Vehicle,
- Criminal Attempt, Criminal Conspiracy or Criminal Solicitation to Commit Murder, or
- Any of the offenses listed above, or an equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense or an equivalent crime in another jurisdiction.
Contact Pennsylvania Criminal Attorney Michael V. Worgul, now at (412) 475-9217 or 1-855-DUI-CRIM for a free consultation of your case.
You do not need to be a Pittsburgh Defense Attorney to see that this list is extensive. As extensive as the list is, top Pennsylvania Criminal Attorneys will advise that the consequences of repeating an offense listed above can be very harsh. I you are facing a violent crime charge in Pittsburgh or Pennsylvania for one of the above offenses, and you have previously been convicted for one of the above offenses, you should contact an experienced Pittsburgh Criminal Attorney immediately for the following reasons:
- Second Violent Offense – requires the court to impose a mandatory minimum sentence of not less than 10 years and a maximum of not less than double the minimum (at least 20 years if not more).
- Third or Subsequent Violent Offense – requires the court to impose a mandatory minimum sentence of not less than 25 years and a maximum of not less than double the minimum (at least 50 years if not more). If the court determines that 25 years is not sufficient to protect the public safety, the court may sentence the offender to Life Without Parole!
Those two paragraphs can be very sobering and they bring into sharp focus the need for an experienced PA Criminal Attorney. Properly consulted, a seasoned Pennsylvania or Pittsburgh Lawyer may find exceptions to this rule that can save years of you or a loved one’s life. This may be accomplished in one of several ways:
- Notice – quite simply, if the DA does not give adequate notice prior to sentencing that he/she will seek the mandatory sentencing provisions, the court is not obligated to accept the recommendation.
- Prior Convictions From Other States – when the prior offenses occurred in other states, the court must apply a complicated test to determine whether the other state’s crime is sufficiently similar to Pennsylvania’s crime. If not, the prior crime will not count for purposes of mandatory sentencing.
- Prior Convictions in Same Disposition – consider the following scenario: “A” commits Robbery on Monday and Kidnapping on Tuesday. On Wednesday, A pleads guilty to Robbery and Kidnapping at the same time and is sentenced. On Thursday, A commits Arson. When A is sentenced for Arson, for the purposes of mandatory sentencing, A will only be deemed to have committed one (1) prior crime of violence according to current PA criminal law.
The crimes of violence can often take the form of criminal assault in Pittsburgh or Pennsylvania. Certainly, domestic violence crimes often lead to charges listed as crimes of violence. When you seek criminal attorneys in Pittsburgh, be sure to seek one with experience handling violent crime as well as significant trial experience.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me, Pittsburgh Criminal Attorney Michael V. Worgul, directly at 412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Best Criminal Defense in Pittsburgh, Criminal Attorneys in Pittsburgh, Pittsburgh Criminal Attorney
Posted in Criminal Defense, Criminal Trial Process, Domestic Violence, Violent Crimes | Comments Off
Monday, January 31st, 2011
Ask a defense attorney in Pennsylvania or Pittsburgh and they will tell you that the charges of Assault, Aggravated Assault, and Homicide are all very similar under the law. It is the resulting injury that separates them as crimes. Generally, these crimes are subcategories of criminal assault in Pittsburgh or Pennsylvania, and are defined as follows:
- Simple Assault – Simple Assault occurs when someone causes, or attempts to cause, bodily injury to another person intentionally, knowingly, or recklessly. A mere attempt is enough to be charged. If a deadly weapon was involved, the police only need prove that you were negligent in the handling of the weapon. In fact, the police can charge simple assault where the Defendant merely places another in fear of imminent serious bodily injury by threat of physical menace. Note that the injury does not need to be serious where actual injury is caused. A domestic abuse attorney handles this crime often.
- Aggravated Assault – Aggravated Assault occurs when someone causes, or attempts to cause, serious bodily injury to another person intentionally, knowingly, or recklessly. Aggravated Assault will also be charged automatically where the victim is in a special class of people (police officers, teachers) regardless of the injury caused. Aggravated Assault is always charged as a felony. If you are facing this level offense, you should contact an experienced Felonies Lawyer in Pittsburgh or Pennsylvania immediately. Aggravated Assault litigation can be very complicated and prior trial experience is a necessity.
- Homicide – Homicide is easily the most serious charge one can face. An experienced PA Criminal Attorney knows that Homicide is a general term that includes 1st Degree Murder, 2nd Degree Murder, 3rd Degree Murder, Voluntary Manslaughter, and Involuntary Manslaughter. No matter the grading, the police are alleging that a person has died and you are criminally responsible for the death. Sentencing for these offences ranges from Life Imprisonment Without Parole to House Arrest depending on the circumstances surrounding the offence. If you have been or think you will be charged with any form of Homicide, do not speak with the police. You must consult with an experienced Pittsburgh Criminal Attorney immediately.
Call Pittsburgh and Allegheny County Criminal Attorney Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM for a consultation on your case!
The best Criminal Attorneys in Pittsburgh know that assault charges can be devastating to your familial life and even your employment. A conviction will appear on your Pennsylvania Criminal Records for the rest of your life unless proper measures are taken. In some cases, where trial is necessary, you want to hire a qualified Pittsburgh or Allegheny County Defense Attorney who has been to trial on serious cases and been successful.
Under some circumstances, trial may not be the best option. You may want to test the idea of entering a plea to avoid jail time. But what if the police and the prosecutors won’t deal with you? This is a situation I deal with all the time. I can’t tell you how many times I have had a case that looked very bad for my client on paper. However, at trial, the prosecutor’s case fell apart under cross examination. That is the benefit of having a trial experienced Pittsburgh Criminal Attorney on your side.
If you are facing an Assault crime charge in Pittsburgh, Allegheny County, or anywhere else in Pennsylvania, call me, Pittsburgh Criminal Attorney Michael V. Worgul at (412) 475-9217 or 1-855-DUI-CRIM. I have significant trial experience with difficult cases.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Criminal Assault in Pittsburgh, Pittsburgh Criminal Attorney
Posted in Criminal Defense, Domestic Violence, Violent Crimes | Comments Off
Tuesday, January 18th, 2011
Domestic violence crimes are some of the least expected yet some of the most common crimes in Pennsylvania. Domestic abuse lawyers must understand that the person who is arrested and charged is not always the aggressor. A seasoned domestic violence defense attorney recognizes this and takes proactive steps to either win your case or minimize the damage if trial is not an option.
Although domestic violence defense involves litigation of Simple Assault and 1st Degree Assault in Pennsylvania, it also includes lesser physical crimes of Harassment and Terroristic Threats. No matter the charge, your attorney must have knowledge of the criminal elements and defenses to present the best domestic violence defense. In some circumstances, it may be recommended that you consult an experienced divorce law attorney as well.
Contact Attorney Michael V. Worgul now at (412) 475-9217 or 1-855-DUI-CRIM.
Experienced criminal lawyers in Pittsburgh know how to properly assess your domestic violence defense case from the first meeting, guide you through the Pennsylvania courts, and strive to have your Pennsylvania criminal records erased if possible. Attorney Michael V. Worgul has been a crimes lawyer in Pittsburgh for many years. He will use his extensive trial experience to aggressively defend you and ensure the optimal outcome for your case.
If you are in need of domestic violence defense, contact me, Pittsburgh defense lawyer Michael V. Worgul, now.
With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of DUI and criminal litigation issues.
I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case. You will also find out how our practice can be put to work for you.
I look forward to listening to the circumstances of your case and discussing all available options under the law.
Sincerely,
Michael V. Worgul
Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943
Tags: Criminal Lawyers in Pittsburgh, Domestic Violence Defense
Posted in Criminal Defense, Domestic Violence | Comments Off
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