Being charged with a crime is often the most harrowing experience a person can go through. Working with defense attorneys is the best way to get through it.
Criminal charges can be confusing, and many defendants are not totally aware of what they are being charged with. Prosecutors also have a tendency to apply the highest level of charges. The difference between a misdemeanor and felony conviction is that you could spend years in jail for the higher charge. A defense attorney can review the facts to determine if it fits the charges. If not, we can argue to lower the charges. We can then develop defense strategies to fight the charges, such as self-defense.
Call the criminal defense attorneys with Kenny, Burns & McGill today at (215) 423-5500 for your free case review.
Levels of Criminal Charges in Lancaster, PA
People can face a few levels of criminal charges that generally correspond to the alleged offense and aggravating factors. Some charges are minor, carrying relatively minimal penalties, while others carry lengthy prison sentences.
Summary Offenses
Summary offenses represent the lowest level of charges. However, you should still work with a criminal defense attorney to avoid being fully penalized or wrongfully convicted.
If convicted, fines for summary offenses can be up to $300 under 18 Pa.C.S. § 1101(7). While rare, defendants can also be imprisoned for up to 90 days under § 1105. For traffic offenses, like DUIs and reckless driving, your license can be suspended.
Common summary offenses include
- Retail theft under a certain dollar amount
- Disorderly conduct
- Public drunkenness
Offenders will often receive a ticket or citation, rather than be arrested, but you must appear in court if ordered. If you are only ordered to pay a fine, our criminal defense attorneys can request a hearing with the Lancaster Magistrate Court to contest it.
Misdemeanors
Misdemeanors charges are less serious than felony charges but carry much stiff penalties than summary offenses, like higher fines and longer jail sentences. Misdemeanors will also appear on criminal background checks, even though most convictions are not for violent crimes.
Misdemeanors are separated into three categories under § 1104 based on the crime’s severity. A first-degree misdemeanor is punishable by no more than five years in prison. Second-degree misdemeanors are punishable by up to two years of imprisonment. Third-degree misdemeanors can be punished with up to a year in jail.
Depending on the misdemeanor’s degree, fines can range from $2,500 to $10,000 under § 1101(4)-(6).
Felonies
The most serious crimes are charged as felonies and carry the harshest penalties. Felonies, like misdemeanors, are also divided into three degrees.
Under § 1103, someone convicted of a first-degree felony can face up to 20 years in prison. Second-degree felonies are punishable by up to ten years of incarceration, and not more than seven years for third-degree felonies.
However, these sentences only provide a baseline. Prison terms can be longer for second or more offenses.
Understanding Murder Charges in Lancaster
Murder, while considered the most serious offense, is technically not classified as a felony. Instead, murder is a separate category divided into three degrees under § 2502. The facts and evidence in these cases are often complex, increasing the chances of being mischarged.
First-Degree Murder
Under § 2502(a), criminal homicide is first-degree murder if the killing was intentional, meaning that it was premeditated, deliberate, and willful. Lying in wait and poisoning can also prove an intentional killing.
However, a defendant’s intention is rarely determined by one fact, making every detail crucial.
Second-Degree Murder
A person will be charged with second-degree murder under § 2502(b) if they were the perpetrator or accomplice in a felony offense and someone is killed. This is commonly known as “felony murder.”
Only certain felonies are used for this charge, including:
- Robbery
- Burglary
- Rape
- Arson
- Kidnapping
You could also be charged with this crime if you are accused of attempting to commit or fleeing from a felony crime. You might have been named an accomplice but had no knowledge of what others were going to do.
Third-Degree Murder
Any other kind of murder is considered third-degree murder under § 2502(c). This generally includes murders that were accidental or caused by reckless behavior. Other states commonly refer to these murders as “manslaughter.”
For instance, killing someone while driving under the influence will likely be charged as third-degree murder.
Penalties for Murder
Murder convictions carry heavy penalties.
A person can be sentenced to life without parole for first-degree murder. Pennsylvania does have the death penalty but is usually not pursued as there is a moratorium on these sentences.
Someone convicted of second-degree murder can also face life in prison but with the possibility of parole.
Third-degree murders are punishable by up to 40 years in prison.
Defense Strategies Against Criminal Charges in Lancaster, PA
There are various strategies to defend a criminal case, depending on the charges.
Self Defense
Self-defense can be asserted for crimes of violence, like murder and assault. You might have been involved in a fight you did not start and needed to defend yourself with force.
However, the force typically must be proportional to the threat faced. If you use deadly force, you must have been reasonably in danger of losing your life.
Illegal Evidence
The prosecution might have evidence against you but that does not mean it is admissible in your trial. The police might have seized evidence from you, your home, or car without a warrant or a valid excuse to search. The prosecution might have broken the chain of evidence.
Evidence that is deemed illegally seized can be excluded from your case.
Insufficient Evidence
Even if the evidence is admissible, it might not meet the definition of the crime. When evidence does not provide sufficient proof, we can introduce reasonable doubt into the prosecution’s case.
Contact Our Criminal Defense Lawyers in Lancaster, PA Today for Help
Contact the criminal defense lawyers with Kenny, Burns & McGill today at (215) 423-5500 for your free case review.
