Although it can be frightening and embarrassing, people are criminally charged all the time. If it happens to you, stay calm and call a lawyer for help. You are innocent until proven otherwise, and a lawyer should help you protect your rights and assert an effective defense.
Criminal charges may range from minor offenses to major crimes, and penalties will similarly vary. As such, the possible penalties you face, and your best defense options, depend on your combination of charges. You have a right to be represented by a defense lawyer throughout your case, and you should get a lawyer as soon as possible. Your attorney can help you through complicated legal procedures while analyzing the facts and evidence of your case.
Receive a free initial case review from our criminal defense lawyers by calling Kenny, Burns & McGill at (215) 774-5644.
Possible Criminal Charges and Penalties in Bristol Township
There are so many different criminal charges that the combinations of offenses and penalties are nearly endless, making each case truly unique. Below are the broad classifications of criminal charges in Pennsylvania.
Misdemeanors
Misdemeanors tend to encompass less severe, non-violent offenses, although some misdemeanor charges apply to violent crimes.
Misdemeanors are broken down into three subcategories: first-degree, second-degree, and third-degree misdemeanors. The least severe are third-degree misdemeanors, punishable by up to 1 year in jail. Next, second-degree misdemeanors are punishable by up to 2 years in jail. Finally, first-degree misdemeanors may lead to up to 5 years in jail.
Felonies
Felonies often involve violent offenses or serious breaches of the law. Felony convictions may remain on your record forever, and they can make life very difficult, even after your sentence is complete.
Like misdemeanors, felonies are split into three categories based on their severity. Third-degree felonies are punishable by up to 7 years in prison. Second-degree felonies may be met with a maximum prison term of 10 years. First-degree felonies, among the most serious charges possible, can carry prison terms of up to 20 years.
Capital Offenses
Capital offenses are those punishable by death. In Pennsylvania, the only capital crime is first-degree murder.
Unlike other serious felonies, first-degree murder comes with only two possible sentencing outcomes. First, a jury could sentence the defendant to death. Second, if a jury decides against the death penalty, the defendant may be sentenced to life in prison.
Possible Criminal Defense Strategies
The best defense strategy often depends on the evidence you are up against and the nature of the allegations against you.
Challenging Illegal Evidence
Generally, the police must have a search warrant to enter private property and seize evidence. The warrant must specifically state which areas are to be searched and what the police expect to find.
Evidence seized without a warrant may be illegal, and we can ask the court to exclude it from the case. If the police claim they were acting under a special exception that allowed a warrantless seizure, our criminal defense lawyers will make them prove it.
Presenting Counter-Evidence
Defendants do not have a burden of proof and are not required to present any evidence in a criminal trial. However, if we have strong evidence that counters or undermines the prosecutor’s evidence and claims, we should present it. Witnesses, records, photos, videos, and anything else that contradicts the prosecutor’s claims should be presented.
If we can raise enough reasonable doubt in the jurors’ minds, we can urge them to find you not guilty.
Plea Agreements
Some defendants are so overwhelmed by the evidence against them that fighting the charges at a trial may be nearly impossible. In such cases, defendants may avoid the harshest penalties by accepting a plea agreement.
A plea agreement involves prosecutors reducing charges, thereby minimizing penalties, in exchange for a guilty plea from the defendant. There is no trial, and defendants move directly to sentencing. This is not always an ideal strategy, but it might be the best strategy for some.
What to Do After Being Arrested
During the arrest process, you must keep a calm head and take appropriate steps to legally protect yourself.
Do Not Resist the Police
Being arrested can be scary, and some people’s first reaction is to resist. This is not a good idea. Resisting the police during an arrest will likely only lead to more legal trouble. Even if you believe the arrest is based on flimsy evidence, stay calm and cooperate.
Invoke Your Rights
You have the right to remain silent. When the police ask you questions about the alleged offense while you are in custody, you do not have to answer. Also, your silence may not be used against you in court.
You also have the right to have a lawyer present during custodial interrogation. You may decide to answer some questions from the police, but you have the right to demand a lawyer first. Invoke this right loudly and clearly. Talk to your attorney before answering questions. Your attorney can guide you on how to answer questions or if staying silent is a better idea.
Call a Lawyer
After you are arrested, the first thing you should do is demand a lawyer. There may be some legal procedures to go through first, including the booking process, but the police may not interfere with your right to legal representation.
Can You Go to Jail if Convicted of a Crime in Bristol Township?
Incarceration is a possible penalty for many criminal charges, especially serious felonies and high-level misdemeanors. The exact amount of time in prison or jail you might face depends on your charges and how your specific case fits within the Pennsylvania Sentencing Guidelines.
How Soon After an Arrest Will There Be a Criminal Trial?
In Pennsylvania, prosecutors must bring your case to a trial within 180 days if you are detained in jail. If you are released on bail, prosecutors must bring your case to a trial within 365 days. However, prosecutors may be granted more time if they have a compelling reason.
When Should You Hire a Criminal Defense Lawyer?
You should hire a criminal defense lawyer as soon as possible. Many hire lawyers shortly after being arrested, but you can and should hire a lawyer before you are arrested if you believe you are under investigation.
What Should You Do if You Are Convicted of a Crime?
If a defendant is convicted of a crime, they have the right to file a direct appeal. In Pennsylvania, direct appeals must be filed within 30 days of the final order from the trial court. If successful, you may be granted a new trial and a second chance to defend yourself.
Talk to Our Bristol Township Criminal Defense Lawyers About Your Case
Receive a free initial case review from our criminal defense lawyers by calling Kenny, Burns & McGill at (215) 774-5644.
