Building a Strong Defense Strategies for Defending Against Criminal Charges

 

If you have been charged with a crime, you may feel overwhelmed and unsure of what to do. Although facing criminal charges is stressful, it is important to remember that under the law, you are presumed innocent unless proven guilty. The best thing you can do to protect your rights is to seek the counsel of a criminal defense attorney who can help you develop a strong defense.

Important Elements of Criminal Defense

In many cases, there are multiple elements that go into creating a solid defense strategy. Good criminal lawyers explain to their clients which components they may consider using and why. Some of the most critical elements of building a strong defense strategy include:

Evidence. Your criminal defense lawyer can use evidence to help prove your innocence, point to a lack of evidence against you, and/or obtain additional evidence to build your defense such as defense witness testimony.

Sufficient time to prepare. Gathering evidence, interviewing witnesses, preparing you for court, and developing effective defense strategies take time. If you have been charged with a crime, it is essential to find a good criminal lawyer as soon as possible so they have plenty of time to help you build a solid defense.

Being honest with your lawyer. It is important to be candid with your attorney. Withholding facts or evidence or lying can lead to unwanted surprises in the courtroom. Your lawyer will help you understand the charges that have been brought against you and explain your legal options. Do not talk about your case with anyone but your attorney, and never post about your charges on the internet or social media. Remember that anything you say to anyone except your defense attorney may be used against you later.

Common Defense Strategies

Which strategies your lawyer uses will depend on the specific circumstances and the nature of the charges. However, there are a few defense strategies that attorneys often utilize, including:

Reasonable Doubt

One of the most common and effective criminal defense strategies is to create reasonable doubt. In the U.S., a prosecutor must prove a defendant’s guilt beyond a reasonable doubt to get a conviction. A criminal defense lawyer looks for weaknesses in the prosecution’s case and the evidence presented. There are different ways to successfully create reasonable doubt, including by poking holes in the prosecution’s theory of the alleged crime and questioning the credibility of witnesses and whether their testimony is logical.

Alibi

A solid alibi can go a long way when it comes to proving someone’s innocence. Since a person cannot be in two places at once, evidence that they were somewhere else when a crime occurred can be quite compelling. Some ways to corroborate or support an alibi are testimony by credible witnesses, GPS data, video footage, and photographs.

Other Defenses

Some other issues that can play a part in building a strong defense include:

●        Mistaken identity

●        Lack of probable cause

●        Chain of evidence problems

●        Illegal search and seizure

●        False confessions

●        Self-defense or defense of others

Each case is unique. If you are facing charges, our criminal lawyers will use all the tools at our disposal to build a solid defense tailored to the specifics of your case.

This blog was originally posted on https://pa4law.com/building-a-strong-defense-strategies-for-defending-against-criminal-charges/

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Penalties for Stalking or Harassment in PA

Although stalking and harassment are charged as separate crimes in Pennsylvania, both can come with harsh penalties. Being convicted of these crimes can result in fines, prison time, probation, and a criminal record, not to mention the impact it can have on your ability to find employment and housing. Regardless of whether you’re a victim or have been accused, criminal lawyers recommend seeking legal counsel to ensure that your rights are protected. 

Penalties for Stalking in Pennsylvania

Stalking

There are two elements involved in the criminal offense of stalking. First, the defendant must have engaged in a “course of conduct” by committing two or more acts of unwanted behavior. Second, the victim must have faced reasonable fear of serious bodily injury or suffered severe emotional distress due to the defendant’s actions. 

Some examples of behaviors that may be considered stalking include:

• Repeated or excessive communications such as calling, texting, messaging, or emailing

• Following the victim or showing-up at his/her home or workplace

• Taking photos of the victim without his/her consent

• Threatening to harm the victim or his/her loved ones and pets

Stalking may be charged as a first-degree misdemeanor or a third-degree felony.  If it’s the defendant’s second offense or the defendant has been previously convicted of domestic abuse or a violent crime involving the same victim, he/she will likely be charged with a third-degree felony. 

If you’re convicted of a first-degree misdemeanor, you can face up to five years in prison and a $10,000 fine. A third-degree felony conviction carries a sentence of up to seven years and a $15,000 fine. 

Unfortunately, these charges sometimes result when disputes between couples escalate during a divorce or separation. If you’re dealing with domestic violence issues, a good divorce lawyer should advise you of the best course of action to safeguard your rights and well-being. 

Harassment

For a defendant to be convicted of harassment in Pennsylvania, the prosecutor must show that he/she  acted “with intent to harass, annoy or alarm” another person and engaged in one or more of the following unwanted acts:

• Struck, shoved, or kicked the victim, including attempts and threats to do so

• Followed a person in or around one or more public places

• Communicated with or about another person using obscene or threatening words, language, drawings, or caricatures

• Repeatedly and anonymously communicated with the other person

• Repeatedly communicated at extremely-inconvenient hours

• Engaged in a course of conduct or repeatedly committed acts that serve no legitimate purpose

Harassment is usually charged as a summary offense which carries a $300 fine and up to 90 days in jail if you’re convicted. However, some forms of harassment are third-degree misdemeanors, including the cyber harassment of a child.

For example, if a defendant repeatedly violated a Protection from Abuse Order (PFA) involving the same victim, he/she may face misdemeanor charges for harassment.  If you’re convicted of third-degree misdemeanor harassment, you may face up to one year in jail and a fine of up to $2,000. A domestic violence defense lawyer can help you understand the charges that have been brought against you.

If you’ve been charged with a crime or have been a victim of stalking, harassment, or domestic violence, our experienced team of criminal defense attorneys, sexual assault lawyers, and divorce lawyers can help.  

This blog was originally posted on https://pa4law.com/penalties-for-stalking-or-harassment-in-pa/

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