What to Do If You Have Been Accused of Sexual Assault

Allegations of sexual assault can be devastating to the accused and their loved ones. Being charged with a sex crime can jeopardize your reputation and have a negative impact on all aspects of your life.  If you or someone you love has been accused of an assault, you may feel shell-shocked and unsure of what to do next. A sex crimes lawyer can protect your rights and help you understand the charges you may be facing.

Contact a Criminal Defense Lawyer

Even if you haven’t yet been arrested or charged with a crime, if someone accuses you of sexual assault it’s critical to contact a criminal defense attorney immediately. A sex crime conviction can have grave repercussions such as prison time and sex offender registration requirements. It can also affect your ability to find employment and housing, and take a serious emotional toll on you and your loved ones.  Having an experienced defense lawyer in your corner can help to ensure you get the best defense possible.

Only Discuss Your Case with Your Attorney

It’s normal to want to tell your side of the story if you feel you’ve been wrongly accused. However, seemingly innocent statements can be turned against you by law enforcement officers and prosecutors. Do not answer any questions or give a statement to police or prosecutors without your attorney present. It’s also important to refrain from talking about the allegations with friends, family, or anyone else. If they are called as witnesses, anything you said to them may be used to make you appear guilty.

Do Not Contact the Alleged Victim

It can also be tempting to want to clear the air with your accuser. This is something you should never do, especially if there is a Protection from Abuse (PFA) order in place. Do not ask someone else to speak to them on your behalf or contact any of their friends or family. If your accuser is an intimate partner or family member, it’s a good idea to seek the counsel of a domestic violence lawyer who has experience handling these types of cases.

Preserve Evidence

Make sure to keep all text messages, voicemails, social media posts, physical evidence, and anything else you think may be relevant to your case. Make a list of potential witnesses and write down everything you can remember about what happened. All of this evidence can help your attorney build a solid defense.

Listen to Your Attorney

Your lawyer’s top priority is to protect your rights and interests. You may have to reveal very personal details about your life and the circumstances of the alleged assault, which can be challenging. It’s important to keep in mind that your attorney is on your side – there are valid reasons why they may ask you to answer certain questions or do certain things.

If you’ve been accused of a crime, contact our criminal defense attorneys to protect your rights today.

This blog was originally posted on https://pa4law.com/what-to-do-if-you-have-been-accused-of-sexual-assault/

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Understanding Levels of Sex Crimes in PA

The legal consequences and social stigma that come with being accused or convicted of a sex crime can affect all aspects of your life. If you have been accused of a sex crime, it’s important to know exactly what charges you could be facing and which penalties may apply. A criminal defense attorney can help you understand your rights and advise you of the consequences a particular level of sex crime may carry.

Felony Sex Crimes in PA

Generally, rape is defined as forcible sexual intercourse and is a first-degree felony in Pennsylvania. Involuntary deviate sexual intercourse refers to using an object to penetrate another person’s body, and is also a felony in PA. There are many other sex crimes in Pennsylvania that can be charged as felonies, including statutory sexual assault, indecent assault, and institutional sexual assault. Potential penalties include:

• A third-degree felony conviction can result in up to seven years in prison and a fine of up to $15,000
• A second-degree felony conviction can result in up to ten years in prison and up to a $25,000 fine
• A first-degree felony conviction can result in up to 20 years in prison and up to a $25,000 fine

Misdemeanor Sex Crimes in PA

Crimes like indecent exposure, prostitution, solicitation, and lewd conduct are charged as misdemeanors in Pennsylvania, and may result in the following penalties:

• A second-degree misdemeanor conviction can result in two years in jail and up to a $5,000 fine
• A first-degree misdemeanor can result in up to five years in jail and up to a $10,000 fine

Regardless of whether you’re facing felony or misdemeanor charges, it’s critical to seek the counsel of an experienced sex crimes lawyer. Your attorney will ensure your rights are protected and may be able to get charges reduced or dismissed, depending on the specific circumstances surrounding your case.

Megan’s Law Sex Offender Registry

Although some crimes are considered more serious than others, those convicted of sex crimes usually have to register as sex offenders under  PA Megan’s Law and the Sex Offender Registration and Notification Act (SORNA). Depending on the crime, generally, an offender is classified as a Tier I, Tier II, or Tier III offender, although there are other classifications for sexually violent predators and sexually violent delinquent children.

These distinctions are very important, as the length of time someone is required to register depends on their classification. Failing to register is a felony, and can result in prison time and up to $25,000 in fines.

Sex offender registration requirements in Pennsylvania are as follows:

• Tier I – 15 Year Registration
• Tier II – 25 Year Registration
• Tier III – Lifetime Registration
• Sexual Violent Predator – Lifetime Registration
• Sexual Violent Delinquent Child – Lifetime Registration

Juvenile offenders are no longer required to register in Pennsylvania unless they are classified by the Court as a Sexually Violent Delinquent Child.

Whether you have been accused of a crime or you’re a victim of sexual assault, our experienced team of legal professionals can help. Our criminal defense attorneys, domestic violence lawyers, and drug crime lawyers provide exceptional legal representation in all matters of criminal law without judgment. If you’ve been a victim of domestic violence, we can assist you with filing a Protection from Abuse order as well.

This blog was originally posted on https://pa4law.com/understanding-levels-of-sex-crimes-in-pa/

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Why You Need an Attorney If You’ve Been Charged with Violating a PFA

Also known as a restraining order, a Protection From Abuse order (PFA) is intended to protect victims of domestic violence. If you have been charged with a PFA violation, a criminal defense attorney can help you understand and protect your rights and advise you of your options. Whether you believe it is valid or not, it is critical to follow all the requirements of a PFA, which usually prohibits all contact with the person who filed it against you.

Penalties for Violating a PFA in Pennsylvania

Depending on the circumstances, PFA violations can result in jail time, costly fines, and a criminal record. You may be held in contempt of court and the length of time the PFA is in effect may be extended by the court. Being held in contempt of court can have significant consequences, including automatic forfeiture of your right to a jury trial.

If you are found guilty of a PFA violation in Pennsylvania, penalties may include a fine of $300 to $1,000, and up to six months in jail or six months of probation. Any firearms you own can be permanently confiscated. If you committed any other crimes while violating a PFA, you can face additional penalties if you are convicted of those as well.

In Pennsylvania, a PFA violation is considered an "indirect criminal contempt of court,” and can even form the basis of its own criminal charge. Even though a judge will decide your fate instead of a jury, having a domestic violence lawyer represent your interests in court gives you a much better chance of avoiding jail time and other penalties.

How a PFA Violation Conviction Can Affect Other Aspects of Your Life

Violating a PFA can also have an impact on other criminal or civil charges you may be facing. For instance, if you are the subject of a PFA and you are also charged with stalking, if you contact the alleged victim, a prosecutor will likely use the violation to demonstrate that you are continuing the harassment. PFA violations that occur during ongoing child custody or divorce cases can complicate matters and result in a court limiting the custodial rights of the parent accused of violating the PFA.

A criminal conviction of any kind can have far-reaching, long-term repercussions. In addition to  impacting family law issues like child custody, a conviction for a PFA violation may adversely affect employment and housing opportunities and may even result in revocation of any professional licenses you hold. If you’re convicted of a crime like sexual assault, you may be required to register as a sex offender as well. Having an experienced sex crimes lawyer by your side is critical to ensuring your rights are protected. An attorney can negotiate with prosecutors to come to an agreement to have charges reduced or dismissed, and fight for a not guilty verdict in court if necessary.

Contact a Criminal Defense Attorney

Being charged with a PFA violation or other crimes can be stressful and overwhelming. Our seasoned team of defense attorneys, drug crime lawyers and family law attorneys provide top-notch representation that can cover any legal problem you may be facing.

This blog was originally posted on https://pa4law.com/charged-with-violating-a-pfa/

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What You Need to Know About Teen Sexting Laws in Pennsylvania

Sending nude or sexually explicit images via electronic communications such as text, social media, and email is known as “sexting”. Unfortunately, it has become a common practice for teenagers, so Pennsylvania has enacted specific laws that deal with teen sexting. If your child is facing these types of charges, it’s important to find a criminal defense attorney who has experience handling teen sexting cases. 

Why are There Specific Sexting Laws for Teens? 

Many teens do not possess good judgment and may send sexually explicit images to their peers. These images may be considered child pornography, which can come with harsh penalties if someone is convicted of a crime. To keep teenagers from having to endure lifelong repercussions such as prison time and being branded as sex offenders, many states have created sexting laws that apply to certain behavior by minors. 

Although these crimes are usually charged as misdemeanors, if a teen’s conduct is particularly harmful, they can still face felony charges.  An experienced sex crimes lawyer can investigate the facts of your case and determine which types of charges and penalties may apply. 

Teen Sexting Law in Pennsylvania

Under Pennsylvania law, the electronic dissemination of "sexually explicit images" by minors is typically charged as a summary offense or misdemeanor. Images that involve nudity or show a minor's genitals, pubic area, breasts, or buttocks in a sexual manner are considered sexually explicit. Typically, penalties are based on the severity of the conduct involved, and the motivation for sending the explicit images.

A minor who knowingly sends a sexually explicit selfie may be charged with a summary offense, which is the most minor type of criminal offense in Pennsylvania. If a minor knowingly possesses or views a sexually explicit image of another minor age 12 or older, it is also considered a summary offense. 

Sharing, sending, or publishing an image of another minor is a third-degree misdemeanor. If an explicit image of another minor is taken without permission and with the intention to harass, intimidate, or cause emotional distress, a minor can be charged with a second-degree misdemeanor. 

Penalties for Teen Sexting 

Penalties for a summary offense include up to 90 days in a juvenile detention center and a $300 fine. However, the minor will first be referred to a diversion program, which educates them on the consequences of sexting. If they successfully complete this program, charges will be expunged. 

A third-degree misdemeanor can involve one year in a juvenile detention center and a $2,500 fine. Second-degree misdemeanors may come with a $5,000 fine and two years of incarceration. A teen’s phone and other devices may also be permanently confiscated.

More harmful acts such as sending images of children engaged in sexual acts or images of children younger than 12 are prosecuted under stricter child pornography and obscenity laws. These convictions carry more severe sentences, including sex offender registration requirements. 

A Criminal Defense Attorney Can Protect Your Rights

If your child is facing charges relating to sexting with minors, it is critical to contact a local criminal defense attorney as soon as possible. Our team of experienced attorneys includes drug crime lawyers and domestic violence lawyers as well. Whether you need help with criminal defense due to teen sexting charges or you are seeking a Protection from Abuse order, we provide legal representation and services you can trust. 

This blog was originally posted on https://pa4law.com/teen-sexting-laws-in-pennsylvania/

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What To Do If You Are Facing Prescription Drug Charges In Pennsylvania

Prescription medications can be helpful for those who suffer from severe pain, anxiety, and other medical conditions. However, addiction to these powerful drugs has become an epidemic in the United States and has led to people attempting to get them any way they can. Possessing prescription medication that has not been expressly prescribed to you is against the law, as are theft of prescription pads and forgery of physicians' signatures. If you or a loved one is facing charges related to the illegal possession or sale of prescription drugs, you are not alone. A criminal defense attorney can protect your rights and assist you with finding the help you need. 

A Prescription Drug Conviction Can Be Life-Changing

Being convicted of possession of a controlled substance oft-related charges such as theft and forgery—

 is life-altering. Prescription drugs involved in these types of charges often include narcotic pain relievers, depressants, stimulants, and ADHD, anti-anxiety, and sleep medications. 

Penalties for these charges are similar to those for other drug crimes. In addition to serving prison time and paying hefty fines, you may be forced to give up your professional license and have difficulty finding work in the future, not to mention the negative impact it can have on your loved ones and your standing in the community. Depending on the circumstances, an experienced drug crime lawyer may be able to help get charges reduced or dismissed, which can mitigate the damage of a conviction. 

Contact an Attorney Immediately

Clients facing drug charges often need help, not jail time, but sentences involving prescription drug fraud can be harsh. Regardless of the type of charges, any time you are arrested it is imperative to contact an attorney as soon as you can. Do not answer any questions or give  statements  to law enforcement officers or prosecutors without your lawyer present. It is also essential to find a defense attorney who knows how the criminal system works in these types of cases, and when alternative penalties such as treatment may be available. 

Defenses for Drug Crimes

Your lawyer will also investigate the facts surrounding your case to determine whether police or prosecutors followed proper protocols during the legal process. There are many different ways to approach drug crime defenses, and your lawyer will figure out which defenses may apply in your case.  They may challenge the evidence or testimony, point out procedural errors, or present an affirmative defense that shows you were acting legally. Each situation is unique, and your defense will depend on the specific circumstances surrounding your case.

If you are facing prescription drug charges, don’t wait to get in touch with a criminal defense lawyer. Our team of drug crime attorneys, sex crimes lawyers, and medical malpractice lawyers in Chester County, PA are here to serve all your legal needs. 

This blog was originally posted on https://pa4law.com/prescription-drug-charges-in-pennsylvania/

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Possible Defenses for Domestic Violence Charges

Arguments can get heated in any family, and sometimes things escalate to a point that leads to serious consequences. Regardless of whether the allegations are true, if you or a loved one are accused of domestic violence, contacting an experienced criminal defense attorney is a must. There are several common defenses to domestic violence charges, and a lawyer can assess your case to determine a defense strategy and help you explore all possible legal remedies. 

False Allegations

Unfortunately, some allegations of domestic violence simply are not true. Yet, if false allegations can destroy lives. For example, an accused parent may lose custody of their children, their job, their home and even their freedom. A Protection from Abuse order (PFA) based on false allegations can leave a permanent stain on your record and reputation, and there are ways to prove that allegations of abuse are false. 

Your domestic violence lawyer can review police reports, 911 recordings, witness statements, and other evidence to show inconsistencies in an accuser’s story. The absence of injuries, lack of corroboration, and proof of a vendetta against the accused are just a few types of evidence that may be used to prove that domestic violence allegations are untrue. Another way your attorney may show that you did not commit abuse is to obtain proof of an alibi if you were not present at the time the incident allegedly occurred. 

Defense of Self or Others

Another common defense strategy is to prove that the accused was acting in self-defense. In these types of cases, your lawyer will utilize evidence to show that the alleged victim inflicted or intended to inflict physical harm, and that the defendant used reasonable force to protect themselves. If the person accused of abuse used force to defend a party such as a child or another household member, this may be a viable defense as well. 

It is important to understand what the law views as “reasonable force.” For example, if a husband slaps his wife and she punches him back, this could be considered a reasonable response to protect herself. However, shooting him may likely be considered excessive or unreasonable force. Self-defense claims in domestic violence cases can be complex, and require the experience and knowledge of good defense attorneys. 

Investigative Errors

Federal and state laws surrounding domestic violence investigations are unique. They often favor the alleged victim and include specific procedures that must be followed by police. Even if you committed domestic violence, if police or prosecutors made procedural errors during your arrest or the investigation, your attorney may be able to get charges dismissed or obtain an acquittal. Some common errors that law enforcement often make include:

• Arresting you or conducting a search without probable cause

• Failing to read your Miranda rights before questioning

• Denying your request for an attorney

• Chain of evidence issues

In some states, police are required to make an arrest on behalf of the state, even if an alleged victim does not want to press charges. In every case, however, the state must prove the charges beyond a reasonable doubt. 

Be Candid with Your Attorney

When your freedom, reputation, and family are on the line, being completely honest with your domestic violence lawyer is vital. Your full cooperation and collaboration will help them develop the best defense possible. 

If you or someone you love is a victim of domestic violence, contact the Domestic Violence Center of Chester County at 888-711-6270 or 610-431-1430, or the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1−800−787−3224.

This blog was originally posted on https://pa4law.com/possible-defenses-for-domestic-violence-charges/

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