Burglary, Simple & Aggravated Assault Defense Attorney
Burglary Defense Attorney
In Pennsylvania, a burglary occurs when an individual enters a building or occupied structure with the intent of committing a crime therein. Burglary is always a felony. Depending on whether the building entered is adapted for overnight accommodations, or whether a person is present when the burglary occurs, burglary is a felony of the 1st or 2nd degree. Prosecutors and investigators will sometimes analyze a defendant’s phone activity and text messages to determine a suspect’s location at the time of the burglary or to locate circumstantial evidence of the crime.
The sentencing guidelines for burglary can be very high and can result in a state prison recommendation by the District Attorney’s Office. If an individual enters a home with a person present to commit a crime, the sentencing guidelines are very high. If an individual enters a business, with nobody present at the time, the sentencing guidelines are lower. If a person enters a home with the intent to commit a crime against a person who is present at the time, the guidelines are very high.
Simple & Aggravated Assault Defense Attorney
Simple Assault and Aggravated assault are the two crimes in Pennsylvania that criminalize intentional or reckless causation of bodily injury. Depending on the severity of the injuries, the person will be charged with Simple Assault or Aggravated Assault. If the alleged victim incurs what is defined as “bodily injury,” a person will be charged with Simple Assault, which is a misdemeanor of the 2nd degree. “Bodily injury” is defined as substantial pain or the impairment of a physical condition. This element can be satisfied through photographic evidence, testimony that something caused significant pain, or evidence of bruising, redness or abrasions.
Aggravated Assault is charged when an individual intentionally or recklessly causes serious bodily to another individual, causes bodily injury to another person or attempts to cause bodily injury to another with a deadly weapon, or causes bodily injury to a member of a protected class of persons, including but not limited to police officers, nurses, doctors, teachers, prosecutors, and emergency personnel. Serious Bodily Injury is defined as bodily injury which creates a substantial risk of death, or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Aggravated Assault is always a felony and depending on the severity of the injuries, it will be a Felony of the 1st or 2nd degree.