Month: June 2024

Felony Charges: A Comprehensive Guide

Felony charges are serious criminal offenses with potentially long-lasting consequences. Pennsylvania classifies them into different levels, each with varying degrees of severity.

What Crimes Lead to Felony Charges in PA?

Felonies typically involve more serious offenses. They're punishable by substantial fines and imprisonment for one year or more. The list is lengthy and includes numerous types of crimes:

• Murder
• Manslaughter
• Rape and Sexual Assault
• Robbery
• Aggravated Assault
• Burglary
• Kidnapping
• Arson
• Drug Trafficking and Distribution
• Grand Theft
• Identity Theft
• White-Collar Crimes
• Domestic Violence
• Hate Crimes
• Possession of Illegal Firearms

The majority of convicted felons in prison are there for drug crimes (44.4%), weapons and arson (12.4%), or sex offenses (12.4%). That's according to the Federal Bureau of Prisons.

If charged with a felony, consult a criminal lawyer near you to help determine the nature of your crime and potential penalty.

What are the levels of felony offenses in PA?

In Pennsylvania, crimes fall under three levels:

• Felony 1 (F1): This most severe felony offense can result in up to 20 years of jail time and fines up to $25,000. Examples include rape, arson, murder, kidnapping, and some gun crimes.
• Felony 2 (F2): Although considered less severe than F1, you face up to 10 years in prison and up to $25,000 in fines. Common second-degree crimes include aggravated assault, property theft, statutory sexual assault, and burglary.
• Felony 3 (F3): is the least severe, leading to up to 7 years in prison and $15,000 fines. Examples include stalking, bribery, identity theft, perjury, and carrying a firearm without a license.

How much property is stolen to face felony charges?

If the value of the property taken is $2,000.00 or more, you face felony charges. In addition, if the offense involves a motor vehicle, boat, or airplane, the offense is a felony.

What makes a DUI a felony?

Most Pennsylvania DUI offenses result in misdemeanor charges. However, cases involving serious injury or death will likely bring felony charges.

Additionally, as your BAC increases, the penalties for DUI become more severe. For example, third offenses can result in felony charges. In addition, if you have two offenses with a BAC of .16 or higher, you face a felony conviction.

Regardless of level, with a third DUI, you will receive a felony charge.

Pennsylvania also has a 10-year "look back" period. So, a court will look to see if you have any DUI convictions within the last ten years.

Is drug possession a felony charge in PA?

Drug possession in Pennsylvania can be either a felony or a misdemeanor. It depends on the type and quantity of the controlled substance. For example, authorities often classify possession of a small amount of marijuana as a misdemeanor. However, possessing larger quantities or controlled substances may lead to criminal charges.

What is the difference between felony charges and a misdemeanor?

The key differences are the severity of the offense and the potential penalties. Felony charges relate to more severe crimes. They generally result in imprisonment for over a year. Misdemeanors, on the other hand, are less severe and usually carry shorter sentences, if any.

However, with either, you should seek legal representation from a criminal lawyer. The criminal justice system and criminal laws are complex and support from an attorney is suggested.

Is hit and run a felony?

In Pennsylvania, you can face felony charges for a hit and run. That's especially true if the accident resulted in severe injury or death. Leaving the scene of an accident is a crime, and the severity of the charge depends on the circumstances.

Do first-time offenders go to jail in PA?

First-time offenders in Pennsylvania may or may not face prison sentences. It depends on the specific circumstances of the case, the level, and the judge's discretion. Pennsylvania has various sentencing options, including probation, fines, and intermediate punishment programs for eligible individuals.

Does Pennsylvania have a three-strike law?

Pennsylvania has two- and three-strikes laws. They mandate minimum terms of 10 and 25 years for certain second and third-time offenders. It applies to violent crimes such as:

• Third-degree murder
• Voluntary manslaughter
• Aggravated assault
• Sexual offenses
• Kidnapping
• Burglary

What happens after an indictment for felony charges?

After an indictment in a criminal case, the legal process continues with court proceedings. You will have the opportunity to defend yourself, either through negotiations or trial. Consulting with a felony lawyer or criminal defense attorney is essential. They can help you understand your indictment's specific implications and build a defense strategy.

Do felonies go away after seven years?

Felonies do not automatically go away after a certain number of years. In Pennsylvania, convictions generally remain on your criminal record permanently unless expunged.

Can you get a felony expunged?

In Pennsylvania, you can get some convictions expunged under specific circumstances. Typically, only non-conviction records or minor offenses are eligible for expungement. Consult a criminal defense lawyer to determine if your situation qualifies for expungement.

Can you get a passport with a felony?

It may affect your ability to obtain a passport, but it does not automatically disqualify you. However, some countries may deny entry to individuals with certain felony convictions. Check the specific passport requirements and restrictions for your situation.

Montgomery and Bucks County Criminal Lawyers

If you face felony charges, you should immediately talk with an experienced criminal defense lawyer. Our criminal lawyers represent clients in Montgomery and Bucks County, PA. They can provide counsel with a defense strategy to eliminate or reduce your penalty.

Getting arrested can be a pretty scary experience. Having a police officer arrest you and put you in their car can give you a pit in your stomach. That's especially true if you feel you've done nothing wrong. So what do you do if you're arrested?

Your rights are your legal shield, so you must know them if charged with a criminal offense.

When facing criminal charges, remember these two rights above all else: First, you have the right to remain silent, and second, you have the right to an attorney.

So, if you're not sure what to do, assert those rights and contact a criminal defense lawyer familiar with Pennsylvania laws.

What Happens When You're Arrested?

The police can arrest you following an investigation or on the spot. However, they must have enough evidence to charge you with the crime.

Your arrest gives the police the ability to take your photograph and get fingerprints. A Magisterial District Judge (MDJ) determines whether to keep you in custody or release you on bail.

Understanding Essential Rights if You're Arrested

We mentioned two of your most critical rights based on criminal laws, but let's expand on each of them.

The Right to Remain Silent

In criminal cases, the Miranda rights protect you. You can stay silent in the US and other countries to avoid pleading guilty. To utilize this right effectively, clearly state that you wish to remain silent.

The Right to an Attorney

Whether you can afford one or not, you have the right to have a criminal lawyer present during any questioning. Courts will assign you a public defender if you can't afford it. Ensure you explicitly request your attorney and refrain from answering questions without them present.

Securing a skilled criminal defense attorney can impact your case if you're arrested. So, if possible, talk with and hire a private attorney with a practice area specializing in criminal law. Openly share your case details with them to craft a strong defense.

Protection Against Unlawful Searches and Seizures

Police officers may not search you or your property without probable cause or a warrant, except in certain circumstances. To protect this right, you should never consent to a search.

Right to Know the Charges Against You

The arresting officer must inform you why they're arresting you and what the charges are against you. Ensuring you receive this information is critical to preparing a defense.

These rights serve as a defense mechanism against potential injustices and protect your legal integrity. Explicitly stating your wishes to enact your rights is fundamental and can impact the course of your case.

A criminal defense lawyer can assess your arrest's circumstances to present a potential defense.

Pennsylvania Statute of Limitations

It's important to note that even if you avoid an arrest, a prosecutor may file charges later. For severe crimes like murder, there's no limit to file charges. However, lesser offenses carry a two to 12-year statute of limitations.

For example, drug offenses have a four-year statute for filing charges in Pennsylvania.

Consult with a Criminal Defense Lawyer to Navigate Bail

Depending on the charges and jurisdiction, you can post bail if you're arrested. It allows for your release while awaiting trial. There's an assurance you will appear for all court dates.

Bail acts as insurance between the court and you (the defendant). If the court offers a reasonable amount, you can pay it using cash. Otherwise, you might need a bail bond. A criminal lawyer may be able to argue for reduced bail.

With a bail bond, you pay a percentage of the bail amount to a bail bond agent, typically 10-15%. That fee is non-refundable. A criminal defense lawyer can assist you with the process.

In some instances, courts may deny bail depending on the crime. That's especially true if you present as a flight risk.

Navigating Possible Outcomes of an Arrest

Legal proceedings can conclude in various ways, and it is essential to prepare mentally and logistically for each potential outcome. When accused of committing a crime, you face multiple outcomes.

Case Dismissal

The best outcome is case dismissal if you're arrested. However, the arrest may remain on your record. So, it would be best to explore options with your criminal defense attorney for expunging it.

Acquittal

Even when acquitted, the process can leave scars. If you remain anxious, seek therapeutic assistance to navigate residual stress or anxiety.

You may consider some reputation management agencies to rebuild and repair professional and personal relationships.

Conviction

Facing a criminal trial that leads to conviction is the worst possible outcome. However, in some instances, there may be grounds to appeal your conviction. That's where an experienced criminal defense lawyer is essential. They can explore options for revisiting the case.

Otherwise, you'll have to live with the court-imposed penalties, which might include a fine, probation, or prison time. Again, a seasoned criminal defense attorney may negotiate a reduced sentence.

We are Criminal Lawyers Near You

If you're arrested, you must seek a criminal lawyer near you to mount a defense. Our firm handles criminal arrests in Bucks, Delaware, Montgomery County, and Pennsylvania. Our criminal lawyer can help devise a defense strategy focused on the acquittal of charges and, at the very least, work to reduce your sentence.

We handle severe crimes like murder and lesser crimes involving traffic tickets. Either way, you'll be in good hands with our experienced and recognized attorneys.