When someone is arrested for allegedly committing a crime, they are presumed innocent until proven guilty in a court of law. Unfortunately, many defendants feel they are convicted in the court of public opinion before a fair trial is even scheduled. Your top priority should be getting help from a qualified attorney who can protect your rights and assert an effective defense.

You should consider talking to a defense lawyer as soon as you find out the police are investigating you. Possible charges range from minor summary offenses to more serious misdemeanors to severe felonies. How we develop your defense strategies will depend on the unique facts surrounding your case. Common strategies include challenging illegal evidence, undermining weak or dishonest testimony, and negating aggravating factors. More serious charges, like murder or aggravated assault, require more aggressive defense tactics.

Get a free case analysis from our criminal defense attorneys by calling the Liberty Law Team at (215) 826-3314.

When You Should Hire a Criminal Defense Lawyer

Being arrested for a crime is incredibly scary, and you may need the help of a qualified lawyer right away. Generally, the sooner you call a lawyer for help, the better.

It is never too early to hire a defense attorney if you are facing criminal charges. You should hire an attorney as soon as you know that criminal charges could be assessed against you. For some, this might happen before they are even arrested and still under investigation.

Many others do not realize that they are facing criminal charges until after their first encounter with law enforcement. You might be detained and questioned by the police or held while prosecutors determine the charges. Either way, call a lawyer as soon as possible after being arrested.

If you have already been arrested and charged, you should hire an attorney before your first court appearance. If you go to your first court appearance without legal representation, the judge might allow you to reschedule so you have time to find a lawyer or make sure you have one before the next court date.

Possible Criminal Charges in Chester

One of the most intimidating parts of being arrested is waiting to learn what charges you are facing. Criminal charges range from relatively minor offenses to severe crimes, and penalties ranging from small fines to years of incarceration are possible if you are convicted.

Summary Offenses

Some of the least severe offenses in Pennsylvania are called summary offenses. These offenses are rarely met with arrest and are more likely to result in a citation and fine. Although jail time is rare for summary offenses, defendants might face up to 90 days behind bars in some cases, according to 18 Pa.C.S. § 1105.

Misdemeanors

Misdemeanor offenses are not the most serious criminal charges, but they may still carry hefty fines and jail time. While some misdemeanors may involve acts of physical violence, they tend to be less severe than felonies. Many misdemeanors are not violent crimes at all.

According to § 1104, misdemeanors fall into one of three categories. A third-degree misdemeanor may be punished by no more than 1 year in jail. A second-degree misdemeanor may be met with no more than 2 years in jail. Finally, a first-degree misdemeanor, which is only one step below a felony, may be met with up to 5 years in jail.

Felonies

Felonies are some of the most serious charges a person might face and encompass numerous serious or violent crimes. Like misdemeanors, felonies are subdivided into three categories: first-, second-, and third-degree felonies.

According to § 1103, a third-degree felony may result in a prison term of up to 7 years. Second-degree felonies may result in prison terms of up to 10 years. Finally, first-degree felonies may result in prison terms of up to 20 years.

Common Criminal Defense Strategies

The right defense is hard to determine without thoroughly reviewing the facts of your case with an attorney. Each defendant has different needs, and your lawyer should help you tailor your defense strategies to your specific needs.

One defense tactic that should almost always be explored is challenging illegal evidence. The authorities might have searched your property and seized evidence. If they did this without a valid warrant or a legal exception to the warrant requirement, the evidence may have been seized illegally. Our criminal defense attorneys will file motions to exclude this evidence so it cannot be used against you.

Many criminal cases involve witness testimony, but not all witnesses are truthful. If a witness misremembers the event of the alleged offense, leaves out key details, or outright lies on the witness stand, we can confront them on cross-examination. Witnesses who are caught perjuring themselves may be held in contempt of court.

Another strategy is to focus on negating certain aggravating factors in the hopes of getting the charges reduced. The prosecution might claim that you used a weapon, which is an aggravating factor commonly used to upgrade charges. If we have evidence that a weapon was not present during the alleged offense, we may help minimize the charges.

Negotiating Plea Agreements in Chester Criminal Cases

Many criminal cases do not end in a jury verdict. Instead, many defendants opt for plea agreements with prosecutors to avoid the harshest penalties and instead accept a more lenient sentence.

A plea agreement is a bargain struck between the defendant and the prosecutor with the approval of the judge. Generally, prosecutors may offer to reduce charges, thereby reducing penalties, in exchange for a guilty plea from the defendant. While this can help you avoid harsher penalties, you must waive your right to a trial, and you might be unable to appeal the plea agreement, barring special circumstances.

A good plea agreement is hard to describe, as it may be different for everyone. Ultimately, it is up to you to decide if a plea agreement is acceptable or not, with advice from your attorney. You may be able to negotiate the terms of the agreement with the prosecutor if the deal is unacceptable.

Just remember, prosecutors offer plea agreements at their discretion, and they do not have to offer one or may reject your counteroffers.

Fighting Murder Charges in Chester

Murder cases often involve complicated facts and conflicting evidence. There is a lot at stake, and courts tend to go over everything with a fine-tooth comb. As such, you need a defense strategy that is customized for your specific needs and circumstances.

How Murder is Charged

Murder is such a serious offense that it is technically not categorized as a felony or misdemeanor but is instead a category of its own. Even so, murder is often regarded as a felony offense, and penalties may be extremely harsh.

Under 18 Pa.C.S. § 2502, you may be charged with murder of the first, second, or third degree. Murder of the third degree is a first-degree felony, while first and second-degree murder are even more severe.

Sentencing for Murder

Since murder charges are separate from ordinary felonies, the sentencing requirements also differ and tend to be harsher.

According to § 1102, third-degree murder may be punished with a prison term of up to 40 years.

Second-degree murder may be met with life in prison, and there is little to no discretion allowing the judge to impose a more lenient sentence. If you are convicted, the sentence is life.

First-degree murder may be met with one of two penalties. First, prosecutors may elect to seek the death penalty. If they do, a bifurcated hearing may be held to determine if a convicted defendant should receive capital punishment.

If a jury at this hearing decides not to impose the death penalty, the defendant must be sentenced to life in prison. Alternatively, prosecutors can choose not to seek the death penalty, and the defendant would instead just face life in prison.

Defense Strategies

Defending yourself against murder charges can feel insurmountable. Your attorney should carefully review every single detail of your case to determine the best possible defense.

Murder charges often hinge on the defendant’s alleged intent. If prosecutors believe the killing was intentional and premeditated, first-degree murder charges might be assessed. On the other hand, if the killing was unintentional and the result of a terrible accident, prosecutors might press charges for involuntary manslaughter, a possible misdemeanor. As such, we can challenge your alleged intent and argue that you did not mean to hurt anyone.

We might instead argue self-defense under § 503(a). Many defendants claim they had to fight off the other person and that the use of deadly force was necessary to protect themselves or someone else from the victim. Self-defense is an affirmative defense that, if successful, may fully negate the charges.

How to Face Assault Charges

Facing assault charges may range from misdemeanors to serious felonies, depending on the alleged facts. This wide range of possible charges means you might have numerous defense options at your disposal.

Simple Assault

Assault cases where injuries are relatively minor and no weapons are present are often charged as simple assault. According to 18 Pa.C.S. § 2701(a), simple assault involves intentionally, recklessly, or knowingly causing or attempting to cause bodily injury to another, negligently causing harm with a deadly weapon, physical menace, or concealing a hypodermic needle to stick a law enforcement officer.

This is a second-degree misdemeanor unless the assault occurs as part of a mutually entered fight, and the charges would instead be for third-degree misdemeanors. Alternatively, the charges may be upgraded to a first-degree misdemeanor if the victim is under 12 and the defendant is at least 18.

Aggravated Assault

Aggravated assault is a far more serious offense under § 2702(a) that may be charged as a first-degree felony. Defendants are often accused of cause more severe bodily harm, using deadly weapons, or assaulting specific kinds of people, like police officers, teachers, or children.

Fighting Assault Charges

Many defense strategies revolve around determining the initial aggressor. In many cases, defendants argue that the alleged victim threw the first punch or made threats, leading the defendant to believe force was necessary to defend themselves.

Another possibility is that we can refute the prosecutor’s claims that a deadly weapon was involved. This might not lead to an acquittal, but it might lead to a reduction in the charges and potential penalties.

Possible Theft Charges

Theft is a broad category of offenses that may include numerous charges. How the theft allegedly occurred and what was taken may influence the charges and penalties.

Theft charges are often according to the value of the allegedly stolen property. Under 18 Pa.C.S. § 3903(a), theft of property worth $500,000 or more may be a first-degree felony. Meanwhile, theft of property worth at least $50 but less than $200 may be a second-degree misdemeanor.

A good way to fight theft charges is to challenge the facts regarding the alleged stolen property. There might be no evidence of the stolen property if it was never found, the value might be inflated, or you might have had a right to the property.

How to Appeal a Criminal Conviction in Chester

While some defendants fight their charges successfully, others are not so fortunate, and you should be prepared for what happens after a conviction. Often, attorneys appeal convictions because of legal errors that might have affected the outcome of the case.

Most appeals are direct appeals that are usually filed quickly after a conviction. Under 210 Pa. Code Rule § 903(a), you have 30 days from when the judgment against you becomes final to file a direct appeal.

On a direct appeal, you may bring up various legal errors that occurred during your trial. If jury instructions were incorrect or inappropriate, or illegal evidence was introduced over your objections, you may raise these issues on a direct appeal.

An appeal hearing is starkly different from a trial. During the direct appeal hearing, no new evidence or arguments regarding guilt are heard. The court will only examine the trial court record for legal errors raised by the defendant. If you are successful, you may receive a new trial. Otherwise, the conviction may be upheld.

Contact Our Chester Criminal Defense Lawyers for Legal Help Today

Get a free case evaluation from our criminal defense lawyers by calling the Liberty Law Team at (215) 826-3314.