Plea Bargains vs. Going To Trial

Having legal issues can disrupt your life in a big way. It’s important to have attorneys who understand your needs and represent your best interests. In some cases, that might involve negotiating a plea, also called plea bargaining. At Brennan Law Offices, we have experienced Philadelphia assault lawyers ready to come to your aid. Whether that means assembling the evidence to take your case to court or preparing you for a plea bargain, our team will walk you through each step along the way.

What Is a Plea Bargain?

A plea bargain is a written agreement between the defendant and the prosecution. When entering a plea bargain, the defendant agrees to plead guilty. In exchange, the prosecution may lower the severity of the charges or offer a less severe sentence. Although it’s not ideal, it may benefit you to consider a plea bargain if the prosecution has a strong case against you. Your Philadelphia criminal defense lawyer can help you weigh the pros and cons before you make a final decision.

There are many reasons your attorney may recommend a plea bargain. It all depends on the circumstances of your case. Below, find key scenarios in which your lawyer may recommend negotiating a plea.

The Prosecution Has Overwhelming Evidence Against You

Whether you’re guilty or innocent, your attorney will consider the case the prosecution has against you. After weighing all the circumstances, your criminal defense attorney will make the best possible recommendation for your future. When overwhelming evidence is stacked against you, a plea bargain can protect you from the worst-case scenario. If you are unlikely to win the trial, your attorney will help you get the best deal possible.

The prosecutor may have weak areas in their case, so they will offer reduced charges. Our attorneys will always respect your wishes regarding whether or not you would like to accept a plea bargain. However, you’ll always get an honest answer based on the facts.

What Are the Benefits of a Plea Bargain?

There are many benefits to accepting a plea bargain under the right circumstances. Some of these benefits include the following:

• Less jail time: Plea bargains often take years off of recommended sentences.
• Settle out of court: Criminal defense trials can drag on and cost thousands of dollars. Accepting a plea bargain can spare you from the emotional trauma of a court case. It could also end up saving you money.
• Reduced charges: If you agree to plead guilty to lesser charges, you could end up with a shorter sentence and less severe charges on your record.

If there are other defendants involved in the criminal case, the prosecution may ask you to testify against them. In return, they may offer a plea bargain.

When Should You Walk Away from a Plea Bargain?

If your criminal defense attorney believes that the prosecution has little evidence, they may recommend fighting it out in court. Alternatively, if the plea bargain doesn’t offer significant benefits, you could be better off going to trial.

Your attorney acts as a guide through the legal process. Your defense attorney will advocate for options that promote your best interest. You will also receive all the information needed to make the best decision for your future.

Examples Where a Plea Bargain Is the Best Option

A man is arrested for possessing cocaine with the intent to sell it. Undercover police record the transaction and find a quantity of drugs in the man’s car. The man’s attorney may recognize that there is overwhelming evidence against the defendant. In this case, the criminal defense attorney may negotiate with the prosecution to reduce the charges.

Crystal steals money from her employer’s bank account. She covers up the theft by changing financial records. Her attorney finds that the discrepancies can be explained by mistakes as well as embezzlement. In this case, Crystal agrees to plead guilty to charges of accounting errors instead of going to jail. She agrees to repay the funds.

Caleb agrees to drive the car for two friends who want to commit a burglary. The police have evidence against Caleb but not his accomplices. Caleb’s attorney negotiates a plea bargain in return for the defendant’s cooperation with the prosecution.

Contact a Professional Criminal Defense Attorney Today

Need more information about the pros and cons of accepting a plea bargain? Contact the attorneys at Brennan Law Offices to set up a free consultation today

Criminal Appeals: Seeking Justice After Conviction

Being accused of a crime will be overwhelming, and working with a criminal defense lawyer is essential. If the court case has finished and you find you have been convicted, you may feel helpless. However, there are often circumstances where it will be to your advantage to appeal your criminal conviction. If your conviction came due to a guilty plea, your right to an appeal isn’t automatic. Under those circumstances, your attorney will have to request an appeal from the appellate court, and that court must grant you the right to appeal.

If your conviction resulted from a judge’s decision, the defendant always has the right to appeal. If the conviction occurs in a case that imposes a death sentence, the defendant always has the right to appeal. You may be interested to know that if the appeals court judges the defendant not guilty, the prosecution cannot appeal that decision. The prosecution team is not allowed to dispute a “not guilty” verdict, which would result in “double jeopardy” for the defendant, violating the Fifth Amendment.

Grounds to Request an Appeal

Typical causes for an appeal include legal error, juror misconduct, and insufficient defense by your attorney. You have the right to appeal the court’s decision, and you must initiate the appeal action. An attorney must file a Notice of Appeal with the appellate court in a timely manner. The deadline for filing will vary by state or federal court, so let your attorney know about your wish to appeal as soon as you make that decision.

After filing for an appeal, the lawyer handling the appeal will request a transcript of your court case. If your appeal involves your sentence, the portion of the court case involving the sentence will be vital. It’s important to note that if your sentence is the only part of your conviction you’re appealing, your attorney may request a motion for resentencing. If the court accepts that the sentence was an error, you won’t have to undergo a full appeal process, and your sentence will be corrected.

Turn to Us at Brennan Law Offices

If your case is being appealed, we understand how urgent an appeal process feels for you. We are experienced in handling cases for clients who have been convicted of state and federal charges. Our attorney, William J. Brennan, has been admitted to practice before the US Supreme Court. Attorney Brennan has also been listed as one of Philadelphia’s Super Lawyers by Law & Politics Magazine. When you work with our team for your appeal, you will feel the impact of our years of experience.

Whether you present your criminal case to the court for the first time or engage in an appeal, you’ll want to find the best criminal defense attorney in your area. An area attorney will not only be familiar with the law, but they will also know the court system in your area and how to present your case or appeal in the best possible way. At Brennan Law Offices, our experienced team has more than 30 years of experience working for clients in Pennsylvania and New Jersey.

Call Us Today for an Appointment

Navigating the criminal justice system is overwhelming, and you’ll want an attorney to vigorously protect your name and freedom. There are many types of criminal law cases, including assault, DUI, theft, and drug charges. If you’re looking for a drug lawyer in Philadelphia, PA, our team at Brennan Law Offices is ready to apply our knowledge of those cases to your unique situation. Call us for an appointment today, and let’s discuss your path to appeal.

Domestic Violence Laws in Philadelphia

If you have been accused of domestic violence or sexual assault, it can lead to severe consequences. These charges are taken very seriously, and you may lose your right to return to your home. You may be placed in jail and may even lose your job. Here are some guidelines for laws regarding sexual assault and domestic violence.

Title PFA Charges

In Pennsylvania, a domestic violence charge is classified under Title PFA (projection from abuse) laws, which means that if you own a firearm, you must surrender it. You can’t give your firearm to a friend or family member; you must surrender it to a law enforcement authority or your lawyer. 

If you have a child with the person you are accused of hurting or abusing, you will be in danger of losing custody of your child. These charges can also mean you are in danger of losing your right to return to your home.

If you are accused of rape, your attorneys can explain the differences between felony rape, statutory rape, and deviant sexual intercourse. To clarify: a felony rape would result from a person who subdues the victim with drugs or alcohol so they don’t know the act is taking place. A felony would also be charged if the victim is mentally impaired and doesn’t understand what is happening to them. Statutory rape is charged when someone has sexual intercourse with a person under the age of 16.

Charges for Deviate Sexual Intercourse

If the attack also incurred an injury on a victim younger than age 13, this would be called “involuntary deviate sexual intercourse with a child with serious bodily injury.” Domestic violence and sexual assault charges have varied penalties, depending on the age of the victim and the nature of the sexual acts. You will need an attorney who will listen to your account of the circumstances and will work tirelessly to defend you.

Our most recent information reveals that a conviction for a felony could result in fines from $10,000 and up to $25,000. You may be imprisoned for up to 20 years. Misdemeanor convictions could be fined up to $5000, and the accused could be imprisoned for one to two years. When you add these consequences to the prospect of losing your home, job, reputation, and family, you can’t afford NOT to have an experienced attorney.

Experienced Attorneys in Philadelphia

If you have been accused of one of these crimes, you need an experienced attorney to handle your case. If you need a team of dedicated domestic violence lawyers in Philadelphia, you can find the right person to represent you at Bill Brennan Law Offices. We’ve been defending people charged with domestic violence for over 25 years. We will use our experience to support you through every step of the process.

Although we have great sympathy for those who are victims of domestic violence, we also know there are times when these charges can be exaggerated or even false. We understand the laws and guidelines of these charges. We know how devastating it can be to be accused of a criminal offense. We want to try to help you regain the use of your home as soon as possible, restore your reputation, and protect your freedom.

Call Us Today for an Appointment

Sexual assault charges carry a threat of lifelong loss of reputation, as they are considered to be criminal charges. If you are facing sexual assault charges, and you’re looking for a Philadelphia sexual assault lawyer, the attorneys at Bill Brennan Law Offices will work vigorously to secure your freedom. Call us for an appointment today, and let us defend you against these charges.

Common Sentencing Alternatives

Are you a defendant in a criminal case that constantly makes you fear the verdicts you will suffer in the end? It’s a must for anyone facing a court case to understand the decision of the court related to the verdict. It’s also crucial to have an attorney with in-depth knowledge of the impact of the alternative sentencing method on the verdict, either indirectly or directly. In this article, we’re going to view the typical sentencing strategies at the trials and their effect on your life.

Importance of Hiring a Skilled Criminal Attorney

Before getting into the fine intricacies of the various possible sentencing terms, let us be clear about the need for bringing in a competent criminal attorney to fight the battle for you. The role of an experienced lawyer is to provide legal advice that is suitable for your problem, and to negotiate with prosecutors and eventually intend to give an outcome in favor of you in your case.

Probation constitutes a key alternative to incarceration, as the defender is released into their community under the supervision of the court and the terms set by the court. These conditions can be the result of having regular meetings with a probation counselor and attending counseling sessions, rehabilitation, and behavior control centers and programs.

Rather than the usual option of serving time in jail or prison, a judge may instead order the defendant to do a certain number of hours of community service. It also gives a chance for a person to exhibit a healthy pattern of thought by giving back to society, and, at the same time, he/she isn’t allowed to stray from court-appointed instructions or guidelines.

On some occasions, the judge may grant the defendant to serve the sentence at home, under electronic monitoring. In this case, the individual can do their activities in a mostly normal way and still be restricted to their residence at specific hours. If the crime was a victim who suffered financial losses, the court can instruct the perpetrator to make restitution payments. In such a way, the victim can receive compensation for the existing damage, which is usually put in place during sentencing.

Drug and alcohol treatment programs can also be included in the sentencing process as an alternative to a prison sentence. For example, in drug abuse cases, judges may order defendants to go through treatment as part of the sentence. This focuses on the person’s needs and the reasons behind the behavior, as well as on offering the necessary help in conquering the addiction.

Besides imposing normal sentencing, a judge may, additionally, offer deferred adjudication, and the defendant will simultaneously be required to comply with conditions stipulated by the court, as well as to have the trial suspended upon successfully completing the program. This may constitute a new opportunity for some people in terms of not being permanently restricted.

If you’re faced with a DUI charge in Pennsylvania, it’s imperative that you look for the assistance of established PA DUI lawyers. If you’re lucky enough to hire a professional lawyer, they’ll give you legal representation, negotiate with prosecutors, and sort the matter out in such a way that it doesn’t affect your future too adversely.

Learn More Today

Knowing the types of sentencing alternatives that might be applied to criminal cases is critical if someone is facing legal issues. Through hiring a competent defense lawyer and examining feasible alternative sentencing options, individuals strive for what would be a favorable outcome for their case. Bear in mind that every case is individual and, therefore, it’s important to find advice that would suit your exact situation.

If you would like to find out more information or details about criminal defense options, please reach out to the best criminal attorney in Philadelphia, or a PA DUI attorney. Our team at Brennan Law Offices are standing by to assist you.

White-Collar Crimes: Fraud, Embezzlement, & More

White-collar crimes get their classification from the fact they’re non-violent and financial in nature, and typically committed by professionals in a variety of fields. Banks, healthcare organizations, and even governments are vulnerable to white-collar crimes that result in the loss of money through fraud, money laundering, and overall corruption. There are a number of reasons why someone would involve themselves in this type of activity, but the motivating factor is almost always money.

If you’ve found yourself engaging in this type of crime, you’re going to need the top white-collar crime attorney in Philadelphia to help you defend yourself and improve your chances of a good outcome. In the meantime, here’s a look at commonly committed white-collar crimes and their defining actions.

Fraud

Fraud comes in many forms, but the mechanism and goal of any type of fraud is to take money under the guise of a legitimate purpose from a trusted source, and then steal or use the money for other purposes. There’s typically an element of a promise to return on the investment that never really materializes. Ponzi schemes are the simplest form of fraud, but other types of fraud include:

• Corporate fraud
• Debt elimination schemes
• High-yield investment promises
• Identity theft
• Fictitious banking

Embezzlement

Embezzlement is a type of financial crime that’s committed against an employer. One or more employees engage in the act of diverting or misappropriating funds that belong to the business and covering up the act by altering the books. Those engaging in this type of theft typically start out by taking small amounts that may not be noticed and hiding the money until they can remove it from the premises through physical or electronic means.

Money Laundering

Money laundering is the act of taking “dirty” money and moving it through a legitimate business to “clean” up the funds. For example, dirty money is run through the register of a business that looks to be operating according to the law. The money that’s been earned through illegal activities is then rung up as sales made by the business, then placed into bank accounts. Taxes are typically paid on the laundered money to help make the money look like it was earned legitimately.

Insider Trading

Insider trading is the act of using knowledge to affect the share price and/or company valuation before the information is made public. It’s considered to be unfair to the public as it results in the artificial inflation of the true value of the company. Insiders can use their knowledge to inflate the price of the stock, sell their shares, and cause the shareholders to lose money that may never be recovered.

Intellectual Property Theft

Intellectual property (IP) theft consists of stealing ideas, creative works, trade secrets, and ideas that were developed by an individual or corporation. Those who participate in this type of crime are usually employees who have access to the IP. Most of the time, IP theft consists of selling the work to the highest bidder as opposed to outright infringement.

Call the Brennan Law Offices Today for a Defense Against Charges of White-Collar Crimes

If you’ve found yourself charged with a white-collar crime, you’re entitled to defend yourself and protect your reputation. Contact us at the Brennan Law Offices for a consultation and learn more about why we’re the top criminal lawyers in Philadelphia. We only practice criminal law, and we’re fully invested in protecting your rights while providing you with the best legal representation possible.

At Brennan Law, we pride ourselves on taking care of our clients and making sure they know what’s going on with their case. We discuss the full implications of your case, provide you with regular updates, and use our skills to deliver a strong and aggressive defense on your behalf.

Legal Options For Non-Violent Drug Offenders

A drug offense can have serious repercussions, but the state of Pennsylvania understands that non-violent offenses may benefit more from intervention than punishment. If you’re a first-time offender facing non-violent drug possession charges, you’ll still face some legal consequences if convicted, but you have a few options for avoiding the more severe outcomes.

Section 17/Probation Without Verdict

One program is known both as Section 17 and as Probation Without Verdict. This is a great option for those who have no prior criminal history because the result, if you complete the program, is that the charges are dismissed. Essentially, the program is what the name says it is. You follow a specific set of requirements, akin to probation, without being actually convicted. Once you complete those requirements, as mentioned, you get a dismissal. It’s not available to anyone who has prior criminal records or who’s being charged with anything more serious than simple possession, but for first-time offenders charged with just simple possession, it helps keep their record clean.

Accelerated Rehabilitative Disposition

This is likely the most basic program available. It’s for first-time offenders and like PWV, offers pre-trial steps that allow you to have the charges dismissed. However, you have to complete the steps in a year. The steps can vary but typically include drug tests and community service, along with counseling. If your offense is deemed to be among the more minor, this could be an appropriate step for you. However, it’s imperative that you have a lawyer helping you to get in because the program won’t accept everyone.

Drug Court

What if you’re charged with possession with intent to distribute? You’re not eligible for Section 17 or ARD, but you can go to Pennsylvania’s Drug Court if the reason you were trying to sell drugs was to support your own drug habit. In other words, an addiction drove you to try to get money through selling drugs, to buy more drugs. Again, this program is not for people with prior offenses, and it is not easy to complete. But it’s a lot better than being convicted, facing fines and jail time, and having a permanent criminal record.

First, you have to be accepted into the program at the Drug Court, so be patient with any questioning, and consult with a lawyer beforehand to ensure you know what to expect. Once accepted, you’ll get a series of requirements, almost like you do in the PWV program, but in this case, you’ll have to take drug tests, meet with counselors, and go through a series of different steps all designed to help you leave drugs behind. As with PWD, once you successfully complete this, you’ll have your charges dismissed.

Of course, if you want to fight the charges instead, there are defenses you can use if you can prove them. Do not attempt to fight them on your own, however, as court can be very difficult to get through when you don’t have the legal knowledge yourself. If you didn’t know you had drugs on you (maybe someone planted them), if you think the search that found the drugs was done illegally, or if you have any other proof that could save you from conviction, you’ll want to speak with a lawyer.

Philadelphia criminal lawyers at Brennan Law Offices can help you determine whether fighting the charges or accepting a drug diversion program offer would be better. These are serious charges, so you need the best drug case lawyer around. The best criminal lawyers in Philadelphia want to see you get the best outcome possible, so call today to discuss your case.

Know Your Rights: What To Expect During Arrest & Interrogation

Getting arrested after committing a crime, no matter how minor or serious, begins a process that can see your rights challenged by the government. It’s the role of the police to collect evidence about you and your actions before, during, and after an incident to determine your involvement in the situation. The experience is designed to be uncomfortable and put you off your guard in the hopes that you won’t invoke your right to silence and your right to be represented by a criminal defense attorney in Philadelphia.

What Happens During an Arrest

When a police officer has made a decision that you’re a suspect, they’ll detain you and place you under arrest. That involves the police officer informing you that you’re under arrest, then being handcuffed and placed in the back of a patrol car. You’re then transported to the nearest police station for processing and detained while the initial investigation is being conducted.

You may be placed in a holding cell or in an interrogation room, depending on the reason why you were arrested. In the event you were arrested for DUI, you’ll get an opportunity to call the best DUI lawyer in Philadelphia for legal assistance after you’ve had your blood alcohol checked and put through the booking process. If you were involved in a criminal case, you’ll be put through an interrogation, so the police can try to learn more and charge you with an offense that they feel is appropriate.

How an Interrogation is Handled

At some point, you’re read your Miranda rights, which enforces your right to stay silent. It also prevents the police from using anything you’ve said against you prior to being Mirandized. After your Miranda rights are read, the police settle in to start asking you questions about the incident. This is where you say nothing and invoke your right to an attorney. Nothing you say at this point is going to work in your favor, and you preserve your rights by asking for a lawyer.

What Happens After the Interrogation is Completed

Once you’ve declined to speak, the police are under no obligation to let you go. You may wind up being put in a cell, then wait to go before a judge to get a bond for release. You’ll have to return to court on the specified date to start the process of being judged and handed a punishment or sentence. Not saying anything at all and retaining a criminal attorney helps you improve your odds of getting a lighter sentence.

The Importance of Saying Nothing at All Times

Oftentimes, people talk to the police during their arrest and subsequent interrogation in the hopes they’re going to go free. All they have to do is convince the police officer or detective that they’re innocent by talking their way out of the situation. The fact is, once the police have decided that you’re a potential suspect, they’re not going to let you go that easily, and they’re not going to listen to what you have to say.

You are required by law to give the police your real name and address during the time you’re in custody, but you are under no obligation to say more than that. If the police try to pressure you into giving information at any point, you can politely decline and say that your lawyer advised you to not speak to the police.

Call the Brennan Law Offices Today for Help With Your Case

At the Brennan Law Offices, we’re here to help you with your criminal charges, no matter if it’s DUI, burglary, or assault. If you’ve been arrested for a crime of any type, contact us immediately, so we can get started on your case. Remember to always stay silent and let us help you with your charges by speaking for you in a court of law.

The Distinction Between Misdemeanors & Felonies

In the world of criminal law, the terms “misdemeanor” and “felony” are frequently used, but many people may not fully grasp the key differences between them. The attorneys from Brennan Law Offices are here to shed light on this important topic and explain why it’s important to understand the distinction between misdemeanors and felonies when dealing with legal matters.

First of all, misdemeanors and felonies are two very broad categories that classify criminal offenses based on their severity. Read on for a breakdown of each.

What are Misdemeanors?

Misdemeanors are considered less severe crimes compared to felonies. They typically involve minor infractions that result in limited punishment. Common examples of misdemeanors include petty theft, disorderly conduct, simple assault, and minor drug possession. In most cases, the consequences for a misdemeanor may include fines, probation, community service, or a short jail sentence, usually less than one year.

What are Felonies?

Felonies, on the other hand, are the most serious types of criminal offenses. They encompass crimes such as murder, sexual assault, robbery, and drug trafficking. Felonies are often characterized by the potential for substantial harm to individuals or society as a whole. Convictions for felonies can lead to lengthy prison sentences or even life in prison or the death penalty, hefty fines, and long-lasting consequences such as the loss of certain civil rights.

Expungement and Misdemeanors

When discussing criminal records, expungement is a term that comes up frequently, and it’s especially relevant when dealing with misdemeanors. Expungement is the legal process of erasing or sealing a criminal record, making it inaccessible to the public or potential employers. Having the best expungement lawyers in Philadelphia by your side can be invaluable, especially if you have a misdemeanor on your record. In many states, one felony per person can be expunged if it fits the criteria under that state’s laws. You can find out about the laws governing expungement in the state of Pennsylvania from the lawyers at Brenna Law Offices.

Expungement can provide individuals with a fresh start by removing the stigma associated with a criminal conviction. This process is often available for those who have completed their sentence and have remained crime-free for a designated period. Eligibility criteria and the expungement process can vary by jurisdiction, so it is very important to consult with experienced attorneys who understand how the laws work when it comes to expungement of both felonies and misdemeanors in the state of Pennsylvania.

Felonies and the Need for Criminal Defense

When it comes to felonies, having a lawyer becomes essential. Felonies carry severe penalties, including lengthy prison sentences, and require a strong defense strategy. The outcome of a felony case can have a profound impact on your life, affecting not only your freedom but your reputation and your entire future.

Quality lawyers are well-versed in state and federal laws and can provide the expertise needed to navigate complex legal proceedings in your case. They can review evidence, build a strong defense, negotiate with prosecutors, and, if necessary, represent you or your loved one in court. Their goal is to protect your rights and achieve the best possible outcome, whether through acquittal, reduced charges, or minimized penalties.

Contact Us

Having the best criminal lawyers in Philadelphia on your side can make all the difference if you are accused of a crime, whether it is a misdemeanor or a felony. Call the experienced attorneys at the Brennan Law Offices today and secure the criminal defense you need to protect your rights and your future.

Can A Minor Be Charged With Gun Charges?

The short answer to the question is yes, a minor can be charged with gun charges under both Pennsylvania and federal laws under certain circumstances. Those circumstances include willingly and knowingly possessing the gun and using it when there are no responsible adults or guardians supervising the use of the gun. If you or your minor child have received a gun charge, speak to a defense attorney in Philadelphia as soon as possible. Legal representation can make a major difference in the outcome of the charges that are brought.

How Pennsylvania Law Handles Charging Minors With Possession of a Firearm

The Statutes of Pennsylvania lay out how a minor is legally allowed to handle firearms or guns, and what constitutes illegal handling. The relevant section, § 6110.1, initially states that it’s illegal for a minor to have or transport a firearm anywhere in the state. However, there are exceptions to the law that recognize the fact that minors can undergo training for safe handling of a firearm or go hunting with a rifle under adult supervision.

Some of the circumstances where a supervised minor can legally handle a firearm include:

• Shooting competition
• Hunting or trapping
• Target shooting
• Transportation for legal use
• Firearm is unloaded

A minor who is using a gun or firearm while under supervision is unlikely to receive gun charges, but a minor who uses a gun without an adult present is more likely to receive gun charges, as is the parent.

What Happens When a Minor is Given a Gun by Their Parent or Guardian

The law recognizes the fact that a parent or guardian is going to be the party that gives a minor child a gun. However, the only lawful reason why such a transfer occurs is under the above-listed circumstances. A supervising adult has to give the firearm to the minor responsibly to teach them how to use it properly. When a firearm is handed to a minor in violation of these circumstances, gun charges can be brought against both minors and adults.

The elements in which an adult can be charged for giving a minor a firearm include being an adult who knowingly and/or intentionally delivers a firearm to a minor for any other purpose than what is legally allowed. Both you and your minor child can receive gun charges under these circumstances.

Federal Firearms Charges for Juveniles in Possession of a Firearm

Federal law uses the word juveniles instead of minors to define anyone under the age of 18. The federal laws for juveniles in possession of a firearm are minimal, but they do prohibit a juvenile from knowingly possessing a handgun and/or its ammunition. A juvenile can legally possess a rifle and its ammunition. If a juvenile is in possession of a handgun, but has no knowledge of it, no charges can be brought. That is, if an adult hides their handgun in their minor child’s belongings, the minor can’t be charged for possession.

Contact Us for Help With a Minor in Possession of a Firearm Charge Today

Our legal team at the Brennan Law Offices in Philadelphia consists of experienced criminal lawyers who fight vigorously for the rights of our clients. Bill Brennan, our principal lawyer, has been practicing criminal law for over 30 years and has developed a law firm with a reputation for being one of the best criminal law firms in Pennsylvania. We understand how receiving a criminal charge impacts your child’s life, and we’re ready to provide you and your child with the support both of you need in a court of law. Call us today for a consultation and to learn more about how we can help.

The Difference Between Harassment & Stalking Charges

Harassment and stalking are both serious offenses, though they do have their differences. The line between these two charges can be confusing and difficult to determine. Regardless of the particulars of your case, it’s in your best interest to seek the assistance of a Philadelphia criminal defense lawyer to present the details fairly.

What Constitutes Harassment?

The definition of harassment falls under Pennsylvania Criminal Code Statute 18 – 2709. It includes the following actions: shoving, kicking, striking, or otherwise physically contacting another individual; threatening to do any of the above physical actions; following an individual around a public place(s); engaging in repeated acts or conduct without a legitimate purpose; conveying to or about someone else drawings, words, or language that is of a lewd or threatening nature; anonymously communicating with someone on a repetitive basis; repeatedly communicating with another person when it’s an extremely inconvenient time; and repeatedly communicating in another form.

It’s important to note that someone will be declared guilty of a harassment charge only if the court determines that they engaged in these actions with intent to harass, annoy, or alarm another person. A charge of harassment applies whether the communications were in person, over the phone, online, or through some other means. This also needs to cause the person some emotional distress, which means that they are undergoing a temporary or permanent state of mental anguish. A criminal defense attorney in Philadelphia can sort through the complicated details of what has occurred to make the proceedings go as smoothly as possible.

Charges of harassment are considered at a higher level of severity if the actions are against a child online. It does not matter if the communications were to the person privately or publicly on social media. These charges are taken a bit more seriously, whether it’s threats of harm or disparaging comments or opinions on the child’s appearance, sexuality, disability, etc.

How Stalking Differs from Harassment in Pennsylvania

Stalking is found in the Pennsylvania Criminal Code under Statute 18 – 2709.1. Stalking often is said to be a form of harassment, but it is on another level compared to the severity you see with harassment. You might need to get assistance from a sex crimes lawyer in Philadelphia.

The definition of stalking is a course of repeated actions or conduct that makes another person reasonably fear emotional distress or bodily harm or a course of action and repeated communication with the intent to make another person fear emotional distress or bodily harm. The key thing here is that it must involve more than one act over a certain period. This can include repeated emails, texts, other messages, social media posts, and phone calls. It also can be in the form of following an individual in a way that harasses or scares them, sending or giving them unwelcome gifts, and standing by their home, car, or workplace.

When it comes to this type of scenario, every detail is important to build a case to look at the circumstances and come up with a proper legal resolution. The consequences of the conviction can have a serious effect on the lives of everyone involved.

Harassment and Stalking Charges Require Legal Defense

If you’ve been accused of harassment or stalking, you want to get a criminal defense attorney to help you with your case as soon as possible. They will find out your side and know how to represent you so that the proceedings are fair and take all details into account. Contact us at Brennan Law Offices of the greater Philadelphia area today with your concerns and to see how we can help you.