The day you are arrested might be one of the scariest of your life, especially if the arrest comes as a complete shock. We are ready to support you during that time, and we can quickly figure out the reason for the arrest and the upcoming charges and protect your rights.
The classification of your charge as a misdemeanor or felony indicates its severity. While a misdemeanor still requires a good defense, convicted defendants may be able to avoid jail time by paying fines or facing other consequences. On top of building a defense and preparing you for trial, we can help avoid common threats to your case. For example, we will warn you from discussing the trial publicly and help you navigate the complex justice system as a criminal defendant.
Call Kenny, Burns & McGill today at (215) 423-5500 for a free case review from our criminal defense lawyers.
What Do My Charges Mean in Montgomery County?
Most charges in Montgomery County range from misdemeanors to felonies. The nature of the crime you are accused of might influence the bail amount and your potential consequences if convicted.
Misdemeanors
Simple assault and disorderly conduct are examples of misdemeanors in Pennsylvania. The maximum sentence for a third-degree misdemeanor, like disorderly conduct, is one year. The maximum sentence for a second-degree misdemeanor, like simple assault, is two years. The maximum sentence for a first-degree misdemeanor, like involuntary manslaughter, is five years.
Felonies
Felonies are more serious offenses and mean longer prison sentences. The maximum prison sentence for a third-degree felony conviction for theft of between $2,000 and $100,00 worth of property is seven years.
Aggravated assault and theft of a firearm can be charged as second-degree felonies in Pennsylvania. The potential sentence is 10 years in prison and a maximum fine of $25,000.
Rape, murder, and some gun crimes are charged as first-degree felonies. While most first-degree felony convictions come with a maximum 20-year sentence in Pennsylvania, first-degree murder convictions carry life imprisonment. While Pennsylvania has the death penalty, there have not been any executions since 1999, and a moratorium formally pausing them has been in place since 2015.
Subsequent first-degree felony convictions may come with longer prison sentences than 20 years.
How Long Until My Criminal Case Goes to Trial in Montgomery County?
It might be months between your arrest in Montgomery County and your trial beginning. Before that can happen, you have to be officially arraigned and charged, your case has to reach the court docket, and the jury must be selected.
Generally speaking, criminal trials must start within 365 days of the original complaint filed against the defendant. If the defendant is awaiting trial from jail, the trial must start within 180 days. Plea negotiations, pre-trial motions, and other factors affect how long criminal cases take to go to trial.
If the judge sets unfair bail in your case, you and your family might be unable to pay it. Our experienced attorneys can argue against particularly high bail requests from the prosecution so you can await trial from the comfort of your own home. Follow all bail terms, or the judge might revoke your bail.
How Long Will My Criminal Trial Take in Montgomery County?
Each case is unique, with its own circumstances, evidence, and facts. Our criminal defense lawyers may resolve less serious charges fairly quickly, while felony trials may take longer.
If you accept a plea agreement, you will not go to trial. Negotiating lesser charges and potentially no jail time may be possible, but let our lawyers ensure a plea is good before you accept. Otherwise, you might face unexpected consequences. We can stop the prosecution or anyone else from pressuring you into accepting a poor plea.
Trials for misdemeanors generally take less time than trials for felonies. The more complex a case is, the more evidence either side may introduce and witnesses they may call to testify.
From opening statements to closing statements, the trial may take a few weeks to months. Jury deliberations might extend trials by several days. The trial might end even sooner if we successfully motion for a mistrial, forcing the prosecution to refile charges if they still want to pursue a conviction.
What Are the Biggest Threats to My Criminal Case and Defense in Montgomery County?
Criminal defendants face many threats to their freedom that might jeopardize their chances at trial. Our lawyers can help you avoid these threats when we handle your case in Montgomery County.
Talking to Law Enforcement without Counsel
Talking to law enforcement without our attorneys present threatens your defense. Police officers might use tactics to evoke a frustrated outburst, confession, or anything else the prosecution can use against you. Never talk to the police alone, even under the guise of informal questioning.
Publicly Discussing Your Case
You also should not discuss your case publicly, which includes online or with the media. The prosecution might try to use posts you made on social media or alleged statements you made to witnesses against you, so only discuss your case with us.
Difficulties Navigating the Criminal Justice System
Many criminal defendants have no experience with the criminal justice system. Even if you have been arrested before, new charges mean new potential penalties. Previous convictions might lead to elevated charges upon a second conviction, like for driving under the influence.
Our lawyers will clarify the charges against you and keep you updated on mandatory court appearances. Missing court dates could result in your bail being revoked, so we will ensure you are present whenever necessary.
Even if you are found guilty, things are not over. We help defendants appeal guilty verdicts in Pennsylvania and can start working on appeals right away.
Call Our Defense Attorneys in Montgomery County Today
Call Kenny, Burns & McGill today at (215) 423-5500 for a free case discussion with our criminal defense lawyers.
