If you have been charged with a crime, you can be facing jail time and significant fines. However, you have a right to defend yourself and challenge the state’s case.
Our lawyers can review the evidence against you to develop defense strategies and determine if the charges are appropriate. Offenses like theft, assault, and gun possession can be charged as misdemeanors or felonies, but the prosecution is likely to go for the highest charges it can. The difference often means years in jail, so it is crucial to start you defense as soon as you are arrested. Most crimes have specific elements that the state must show. Our job is to show that there is reasonable doubt to convict you of the alleged offense.
For a free case assessment today, call the criminal defense lawyers with Kenny, Burns & McGill at (215) 423-5500.
Theft Charges in Bucks County
Theft charges typically depend on the property allegedly stolen and its value at that time. The more expensive the property, the harsher the penalties will likely be if convicted. In certain circumstances, people can also be charged with theft offenses for receiving stolen property.
Felony Theft
Felony theft is the highest level of charges, split into three categories based on the amount allegedly stolen.
Under 18 Pa.C.S. § 3903(a.2)(2), theft will be charged as a first-degree felony if the amount involved is $500,000 or higher.
According to § 3903(a)(5), theft is a second-degree felony if the alleged property’s value is $100,000 or more but lower than $500,000, or the property is a firearm.
In cases of receiving stolen property from another, it is a first-degree felony to receive, retain, or dispose of a stolen firearm under § 3903(a.2)(1) if the state shows that the receiver is in the business of selling or buying stolen items. If not, the offense will likely be charged as a second-degree felony.
Theft offenses are third-degree felonies if alleged amount involved is over $2,000, or the stolen property is car, motorcycle, or any other motor-propelled vehicle under § 3903(a.1).
Misdemeanor Theft
Thefts not mentioned above will usually be charged as a misdemeanor under § 3903(b). However, you can face fines and even jail time for misdemeanor thefts, so have a criminal defense attorney help regardless of the alleged stolen property’s value.
It is a first-degree misdemeanor if the amount involved is between $200 and $2,000. If the amount involved is less than $200 but $50 or higher, the offense will be charged as a second-degree misdemeanor. Third-degree misdemeanor charges will typically apply when the property’s value is less than $50.
Fighting Theft Charges
One way to defend against theft charges is to challenge the prosecution’s evidence. The police might have obtained the allegedly stolen property without a warrant or probable cause. If so, we can file a motion to suppress the evidence to keep the prosecution from using it against you.
Another defense strategy is to show you lacked the intent to deprive the alleged victim of their property.
It is also a valid defense if you were mistaken about ownership and genuinely believed you had a right to take the property.
Assault Charges in Bucks County
Assaults can also be charged as misdemeanors or felonies depending on the incident.
Simple Assault
Simple assault charges will usually be filed in cases where no weapons were used or the alleged victim’s injuries were minor, according to § 2701.
Simple assault is a second-degree misdemeanor if the defendant attempts to or intentionally, knowingly, or recklessly causes bodily harm, or negligently harms someone with a deadly weapon. It is also simple assault to put another person in fear of imminent serious bodily harm through attempts of physical menace.
However, if the alleged victim is younger than 12 and the accused is 18 or older, simple assault will be charged as a first-degree misdemeanor.
If you were in a fight or scuffle that each party mutually consented to, the charges should be downgraded to a third-degree misdemeanor.
Aggravated Assault
A person will usually be charged with first-degree felony aggravated assault under § 2702 if they allegedly attempted or caused another serious bodily injury or the alleged assault victim is an officer, public transportation employee, or child under 13.
It is also aggravated assault to intentionally or knowingly attempt to or cause bodily injury with a deadly weapon, which can be charged as a second- or first-degree felony depending on the harm inflicted.
Defending Assault Cases
Most assault defenses concern who the initial aggressor was. If the other person made threats or started the fight, you might have reasonably needed to use force to protect yourself. However, the force used must be proportional to the threat faced.
Aggravated assault charges can also be downgraded to simple assault if it can be shown that the weapon involved was not “deadly.”
Gun Charges in Bucks County
Gun charges are some of the most serious in Bucks County, typically carrying significant penalties.
Common Gun Charges
Those convicted of certain offenses are prohibited from owning or possessing a firearm under § 6105(a) and can be charged with a first- or second-degree felony is arrested with one.
You can also be charged with a third-degree felony if you unlawfully possess a firearm without a license under § 6106(a).
Fighting Gun Charges
If you had a right to legally possess a firearm but did not have your license when questioned by police, providing the license to the court could prove a valid defense.
The firearm should not be allowed to be used as evidence if the police did not have a valid reason for seizing the gun. If the gun was recovered during a home search, we might be able to challenge the warrant if it does not describe the evidence. We can also file a motion to suppress if the police lacked probable cause or a warrant for a search.
Contact Our Criminal Defense Attorneys in Bucks County for Help Today
Contact our criminal defense lawyers with Kenny, Burns & McGill at (215) 423-5500 for your free case review.
