Federal Weapons Charges In Pennsylvania
Pennsylvania is no stranger to federal weapons charges, especially in larger cities like Philadelphia. It is essential to understand these different firearm charges and how a criminal lawyer can help with them.
What Makes A Weapons Charge Federal?
If a weapons charge becomes federal this means that the weapons were transported through at least two states and cannot be tried at the state level. When it is unable to be tried at the state level, it must go through the federal court system, making the charges federal. If a person is found guilty of federal charges, they will need to serve time in federal prison.
Types of Federal Weapons Charges
Below are the most common federal weapons charges.
- Carrying a firearm without a license
- Possession of a firearm by someone prohibited to carry such weapons
- Carrying an illegal firearm or Prohibitive Offense Weapon
- Intend to sell or distribute numerous firearms
To have a concealed weapon in most states, you must have a license to carry it. Some individuals are not permitted to have a firearm under any circumstance due to previous charges and sentences. If you are found in possession of a firearm that you are not legally able to have or do not have a license for, then you could face federal charges.
What Type of Charges Can You Face?
When you are faced with federal weapons charges, the type of charges you face will vary based on the type of charge and how many offenses you had before the charge. They can range in the following:
- Misdemeanor of the First Degree
- Felony 3
- Felony 2
- Felony 1
The maximum sentencing varies depending on the charge: five years for the misdemeanor, seven years for felony 3, ten years for felony 2, and twenty years for felony 1. This doesn’t mean each charge will carry the maximum sentencing, but if you have multiple charges in the same case, those years could add up to more than you expected.
Choose A Legal Team With Knowledge and Experience
Before hiring a lawyer for your case, you need to make sure that the lawyer you hire knows federal and state weapons charges. They need to also be fully aware of their rights as a citizen when it comes to the Second Amendment. Also, choose a lawyer that has experience representing clients with federal weapons charges and understands how to present your case and best represent you to the jury.
Contact Philadelphia Criminal Law Today
If you are looking for a Pennsylvania criminal defense attorney to represent you or a loved one on federal weapons charges, contact our office today for more information and a consultation.
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Understanding Burglary Laws in Philadelphia
Burglary is a serious charge that can carry harsh penalties, including jail time and stiff fines. The laws in Philadelphia can be complex and confusing, but with the help of an experienced criminal defense lawyer, you can understand your options and fight for a positive outcome
What Is Burglary In Philadelphia?
Burglary is a complex offense with many different components. In order to understand burglary and the charges that accompany it, it is important to know what each element of the offense means. Burglary is defined by Philadelphia law as committing a theft or felony, an attempt to commit either of those crimes or an intent to commit theft or felony in an occupied structure.
When most people think of burglary, they think of someone breaking into someone else’s home and stealing their belongings. While this is certainly one component of burglary, it is not the only component. Burglary also involves entering an occupied structure without permission.
Penalties For Burglary In Philadelphia
In Philadelphia, burglary has significant penalties, ranging from large financial costs to spending up to 20 years in prison depending on the severity of the crime. Generally, the courts use the degree of force used to break into a person’s house or vehicle in determining whether it is a misdemeanor or felony burglary.
In addition, a burglary conviction can have a long-lasting impact on your future, including limiting your ability to obtain a job or get into college.
How To Defend Against A Criminal Burglary Charge In Philadelphia
Dealing with an accusation of burglary in Philadelphia can be a difficult and intimidating experience. Some common defenses include reasonable doubt that you were the burglar, lack of intent to steal, and/or insufficient evidence. Reasonable doubt can be used if there were other suspects or there was no one at the scene who witnessed you enter the building.
A defense attorney may also argue that while you may have entered a certain area, you had no intent to steal anything and therefore did not commit burglary. Lastly, if evidence was obtained unlawfully by police, it should be excluded from your case. This could include an unlawful search and seizure, violation of your Miranda rights, or other forms of police misconduct. If you think that any of these defenses could apply to you in your burglary case, be sure to meet with a criminal defense attorney as soon as possible.
It is important to understand your rights and what they mean under local criminal law if you are facing criminal charges of burglary. Be sure to contact Brennan Law, one of the top criminal law firms in Philadelphia, to discuss your case and learn more about what to expect as you navigate the criminal justice system.
Read MoreWhat Industries are at Risk for White Collar Crime?
White-collar crime is when fraud is committed within an institution, usually a financial entity. Criminals of white-collar crimes make credit unions, banks, and other financial institutions their primary targets. Unsuspecting may become victims of white-collar crime when personal data and accounts are compromised. Another form of white-collar crime involves misapplication and embezzlement of a business’ funds. If you are involved in a white-collar crime, you need assistance from the best white-collar crime attorney.
What Defines a White Collar Crime?
A white-collar crime is a crime that corrupts the public, typically not violent. Some types of white-collar crime include mortgage fraud, money laundering, health care, and securities fraud.
Edwin Sutherland, an American criminologist, first coined the term “white-collar crime” in 1939. It got its name because of the perpetrator’s attire, mostly politicians, high-ranking professionals, and businesspeople. However, white-collar crimes have ceased being in an exclusive group since Sutherland’s statement.
What are the Different Types of White Collar Crime?
There is a wide variety of types of white-collar crime that are committed. These crimes include the following:
- Internet crimes
- Securities and/ or tax violations
- Mortgage fraud
- Employment Theft
- Fraud against health insurance or Medicaid
- Money laundering
- Bank fraud
- SEC violations
- Bank robbery
- Identity theft
- Immigration violations
The bottom line with a white-collar crime is the criminal is aiming for financial gain through fraud and deceit. Attempts to get at another’s money or assets are the motivation behind the white-collar crime. Although white-collar crime is not as violent as common street crimes, it has a greater impact on the economy.
Contact a Professional for the Next Step
If you believe you are involved in a white-collar crime, you will need assistance from the best white-collar crime attorney. Get in touch with the legal professionals at the Brennan Law Office.
When you have the best white-collar crime attorney to back your claim you can be confident the right steps are taken. You need the Brennan Law Office on your side.
Contact the Brennan Law Office at 215-568-1400. Call us today and schedule a free consultation appointment and learn how we can help.
Read MoreWays to Identify If You Need A Lawyer Specializing In Parole
A parole attorney specializes in every step of the parole process. They can provide advice, appear at your parole hearing, and work with you after being released on parole. The knowledge and advice that a parole attorney offers is invaluable. Here are some ways a lawyer specializing in parole can help you.
Applying For Parole
The application process for parole is typically simple. Any inmate can get a parole application from their case manager. After getting the application, a parole attorney can provide advice to help you have the best chance of getting a parole hearing. Your lawyer specializing in parole can come to fill out the application with you or provide advice over the phone to make sure that your application has a great chance of success.
Parole Hearing
At a parole hearing, several things will be discussed. These include your behavior in prison, previous criminal record, and more. The goal is to determine your likelihood of being a repeat offender. Parole hearings tend to go better with a lawyer specializing in parole present supporting you and advocating for you.
A parole attorney can come to a parole hearing with you, speak for you, and ensure you have a great chance of being released on parole. Parole attorneys know what is expected at a parole hearing and will always keep your best interests in mind.
In some states, parole is considered a privilege. Because of that, the parole board does not meet with the person applying for parole. This leads to incarcerated individuals not having a voice at parole hearings. A parole attorney will attend in your place to make sure your wants and needs are heard. Having a voice during that hearing can significantly increase someone’s chances of parole eligibility.
After Being Released On Parole
After being released on parole, having a parole attorney is still beneficial to protect you against breaching your parole. They can also advocate for parolees against allegations of a parole violation.
Some cases in which this is beneficial include if you’re hospitalized for any period of time. Hospitalizations may result in a missed meeting or drug test with your parole officer, which is considered a violation that can result in jail time. If you are falsely accused of a crime, a police officer will arrest and hold you until your parole officer agrees to you being released, which can be a few days. Hiring a lawyer specializing in parole can help you avoid such situations.
In Conclusion
When you or your loved one works with a parole attorney, you need someone in your corner fighting with you every step of the way. A high quality lawyer who specializes in parole can change the outcome of your parole hearing and improve your parole experience overall. Contact us to find criminal lawyers in Philadelphia today,
Read MoreUnderstanding The Difference Blue Collar & White Collar Crimes
Crimes can be separated into two general categories: blue collar and white collar. It’s often perceived that blue collar criminals are members of lower socioeconomic status while white collar criminals come from a higher class status. This general division is just the start of the differences between these two types of crimes. Here are some other ways they differ:
Money and Power
A white-collar crime requires financial power. They are committed by a professional or business individual with a high social and economic status, with a positive general vision that allows them to avoid the stigmatizing process of being seen as “a criminal”. White collar crimes like fraud and embezzlement are often a result of an abuse of power.
Blue collar crimes are crimes that don’t require access to large sums of money. These crimes often include assault, murder, armed robbery, and other stimigized crimes. They are often committed using a violent weapon, have a clear victim, and are far easier to identify.
Harmfulness
At face value, blue collar crimes are more violent acts because they inflict bodily harm against another individual. These crimes are often directed to one or two people. However, white collar crime can be equally as harmful and hurt entire groups of people. Because white collar crimes generally involve the transfer of resources, they cause significant monetary damages.
Media Coverage
White collar crimes are far less publically reported than blue collar crimes. Local and national news stations often cover blue collar crimes more immediately, causing the public to have a disproportionate view of how prevalent they are compared to white collar crimes. Blue collar crimes are also more straightforward to understand than white collar crimes, which can often take a significant amount of effort to unravel.
Conclusion
While these differences are not always cut and dry, it’s important to understand the basics of white and blue collar crime. If you have been caught in a white-collar crime, it is best to seek legal advice from a white collar crime attorney in Philadelphia. Our lawyers will discuss the details of your case and help you to put together the best defense. Consult a lawyer today.
Read MoreUnderstanding Your Rights As A Repeated Offender
Being arrested and charged with the same crime more than once does not limit or restrict your right to seek counsel and learn of your rights. You may feel that you are doomed, and there is no hope for your situation. That is not the case. You are still entitled to be represented by effective and qualified counsel for the charges you are charged with, and this includes repeated DUIs, theft, and assault.
Repeated DUI Penalties
When your back is against the wall, and you need a lawyer that knows the law, you need the experience and expertise of a renowned and respected Pennsylvania Criminal Defense Attorney, We take your case seriously. To us you are not another person, you are our person of interest. In 2018, the laws surrounding repeat DUI offenders changed from being a misdemeanor to a felony. This is due to the related number of DUI casualties.
What you need to know is that every state has its penal system for repeat offenders. In Pennsylvania, the laws are outlined, and unless you have a good attorney that knows how to interpret the law, your rights could be overlooked, and you could be overcharged. For the first DUI offense, you are looking at 60 to 90 days or two to three months, with fines up to $500. The penalty for a second DUI offense is at least three months or 90 days, and a $1,000 fine. A person found guilty of a third DUI offense can get six months or 180 days in jail, and a fine of $2,500.
If another DUI is repeated within 10 years, the defendant is looking at a felony charge which carries steeper charges. Most times, police stop drivers without probable cause, which in some cases can lead to a violation of the driver’s rights. After we represent your case in court and prove that you were a victim of a false report or unwarranted stop, our clients get these cases resolved.
Repeated Theft Penalties
Repeated theft offenders are punished under a value system. This is according to the value of the object or item the accused has supposedly taken. It is a third-degree felony for a third offense, for merchandise totaling $1,000 or more. If found guilty, a person could face up to seven years in prison and be fined $15,000.
Repeat Assault Penalties
There are several types of assaults in Pennsylvania a person can be charged with. Two of these are simple assault and aggravated assault. It is the state’s job to prove that an assault was intentional, or meant to inflict bodily harm. Penalties can be up to twenty years depending on the victim’s status, such as an officer.
If you are charged with a felony, or if you have repeated the same offense more than once, please contact our office today at (215) 568-1400. Do not take on your case alone. The laws in Pennsylvania change constantly, and one mistake could cause you the rest of your life.
Read MoreHow To Make Clients Feel Safe In Your Law Office During Their Case Discussion
Representing clients who are going through one of the worst times of their life is a huge responsibility that lawyers take seriously. Yet, it is also common to encounter clients who may be hesitant to talk about their case or who worry that something they say could be used against them. Helping your clients feel safe during their case discussion is as easy as using these strategies to develop a trusting relationship.
Establish Credibility
After being accused of a crime, it is common for a person to be unsure of who they can trust. Sharing that our team has over 25 years of experience in handling a diverse range of criminal cases that include domestic violence, drug charges, and parole violations helps people to rest assured that they are in competent hands.
Clients also tend to relax when they hear that we are certified in capital murder defense and are capable of practicing before the U.S. Supreme Court. Even if a client’s case isn’t expected to go that far, this information makes it clear that we are fully prepared to practice criminal defense in any court of law.
Explain Attorney-Client Privilege
Many people enjoy watching popular crime shows, yet some of the high drama scenarios depicted on the screen give people the wrong impression that a lawyer could turn on them at any moment. During an initial case discussion, the best criminal lawyers in Philadelphia take time to explain how attorney-client privilege protects their confidentiality.
While a lawyer may be obligated to share information about a crime that someone is planning, ones that are already suspected of being committed are protected under this understanding. Taking the time to thoroughly explain how this expectation of privacy works can help even the most reluctant client see that what they say in your office is protected information.
Encourage Questions
After explaining the essential information about your practice and attorney-client privilege, you’ll want to shift the conversation back to the client. Asking them if they have any things that could cause them to hesitate to tell you the truth gives them a chance to clear the air.
For instance, they might be worried about having private information leaked in a follow-up email, which gives you the chance to discuss your best practices for electronic communication. Or, your client may also worry about having a paralegal hear their discussion, and you can use this question to go over how attorney-client privilege covers other people who work in your office.
Express Empathy and Compassion
As a final note, lawyers are often depicted as being tense or aggressive in the media, which leads clients to believe that this is how you’ll react in your office as well. Make sure to keep your voice tone low and even, and remember to watch your body language.
Practicing active listening by nodding your head and leaning slightly towards your client helps them to know they are being heard, and keeping your facial expressions neutral or empathetic helps them to keep sharing without feeling judged.
Find Support for Your Criminal Case Today
Have you struggled with the prospect of meeting with a lawyer? Reach out to our team to start working with a supportive criminal defense attorney who cares about making sure that you receive strong representation in court.
Read MoreWilliam J. Brennan Appointed as Hearing Committee Member Serving the Disciplinary Board of the Supreme Court of Pennsylvania
The Brennan Law Offices are proud to announce the appointment of William J. Brennan as a Hearing Committee member in the District I disciplinary district. Mr. Brennan’s appointment will take effect on July 1, 2022.
The Disciplinary Board’s mission statement is to protect the public, maintain the integrity of the legal profession, and safeguard the reputation of the courts. The Board is comprised of 12 members (10 attorneys, 2 non-attorneys) appointed by the Supreme Court for a six-year term.
As a member of the Hearing Committee, Mr. Brennan will volunteer his time to conduct hearings and act as a formal reviewing body to help determine if a disciplinary case might move forward. The Disciplinary Board appoints Hearing Committee members for up to two consecutive three-year terms.
About William J. Brennan
For over 30 years, William J. Brennan has built a national reputation as one of the top criminal defense attorneys in the country. He has successfully advocated on behalf of clients facing charges for DUI and drug crimes, murder, sex offenses, domestic violence, gun crimes, federal and white collar crimes, and more.
Mr. Brennan has received several awards and recognitions throughout his legal career. He has earned an AV Preeminent peer review rating from Martindale-Hubbel, as well as their Gold Client Champion award. He has been selected to Super Lawyers for 17 consecutive years. Mr. Brennan has been selected as one of the top 100 lawyers in Philadelphia 2022.
In the legal community, Mr. Brennan is a member of the Philadelphia, Pennsylvania, Federal and American Bar Associations, the Pennsylvania Association of Criminal Defense Lawyers, and a fellow in the American College of Trial Lawyers.
Read MoreWhen Can Someone Claim Self-Defense Under Pennsylvania’s Stand Your Ground Law?
Pennsylvania’s stand your ground law allows someone to use deadly force to defend themselves if they reasonably believe that such force is necessary to prevent imminent death or serious bodily injury. If a person claims self-defense and the aggressor was unarmed, you must be able to show that an ordinary person would have felt in danger of death or serious bodily injury. However, there are certain circumstances when a person may claim self-defense under Pennsylvania’s stand your ground law even if the aggressor was armed. In this post, you will learn circumstances where someone can claim self-defense under Pennsylvania’s Stand Your Ground law.
Intentional Harm to Person or Property
The stand your ground law applies if you intentionally harm a person or property. To support your claim of self-defense in this situation, you need to establish that you were in fear of imminent attack and that the only way to stop the threat was by using force. If you were attacked by someone who intended to kill you and then killed themself. As a result, you would not be able to rely on the stand your ground doctrine. To meet this first part of the test, you should present your evidence to the criminal law attorneys in Philadelphia that the person causing you harm intended for the harm. Evidence that the person intended to harm you could be a message they conveyed using their words or actions before they attacked. For example, if someone picked up a baseball bat and began to swing at you, the intent would be to cause you harm.
This defense is not available if you cause the death of someone outside your home by inviting them inside to kill them. For example, if someone approached you and threatened to kill you outside your home and let them in to kill them in your house, it would not be covered under the stand your ground law.
Escape from Confinement
The law also applies if someone is escaping from confinement. The law does not define what confinement means, which may lead to future cases determining whether it means physical confinement or some other form of constraint. In cases where people have escaped from police custody or prison, they can claim self-defense under the stand your ground doctrine.
Defense of Others
The law also allows someone to defend a third person from excessive force by another. This defense is not available if the third person is not being attacked or if he is committing a crime himself. It is also unavailable when the person trying to help had criminal intent, meaning they were planning on harming someone else or using force.
If You Are Not the Initial or Main Attacker
This is known as “Retreat by Extrication.” It is legal to use deadly force against a person who is stalking, threatening, or pursuing you if you are not the attacker and there is an escape route. For example, if another person makes unwanted advances toward you and you start to scream for help, this would be an example of retreat by extrication. However, if the other person has a knife in their hand and they are trying to chase after you, this would not be considered retreat by extrication. In this circumstance the stand, your ground law allows you to use deadly force against them if necessary.
While the criminal justice system has undergone significant transformations, one of the most changes has been the expansion of self-defense laws. Under Pennsylvania’s stand your ground law, an individual may use force with no legal duty to retreat to defend themselves in their home or place they believe they have a right to be present. This law provides that individuals who are attacked cannot be convicted of a crime if they reasonably believed that their life was in danger. However, this law can cause problems when individuals are unable to tell the difference between right and wrong.
Read MoreThe Benefits Of Hiring A Reliable Detainer Lawyer
Landlords use unlawful detainer — more commonly known as “eviction” — to get residential or commercial tenants out of a property. This process impacts the lives of three million Americans annually.
If your landlord has an attorney, we recommend hiring a reliable detainer lawyer. After all, an experienced Philadelphia criminal defense attorney can help you even the playing field.
This article will discuss how a detainer lawyer can help you address your legal concerns. Read on to determine if it’s worth having one on your side.
1. Understand The Process
Protecting yourself from eviction may seem uncomplicated, but the process is nuanced and intricate. As a tenant, you must know your rights, prepare an answer to the lawsuit, and gather your defenses.
If this seems overwhelming for you, we recommend working with a detainer lawyer instead. Doing so can help you focus on more important matters, like being there for your family or employees during trying times.
2. Perform Necessary Tasks
Unlawful detainers are procedure-oriented cases. No matter how strong your defense is, you could easily lose the case because of one misstep. For this reason, it’s best to hire a detainer lawyer to help you perform all the tasks required to regain temporary possession of your property.
3. Legally Obtain Evidence
At times, defendants may gain access to evidence that can help win their case. However, if they’re tainted, they are typically inadmissible and cannot be used against another party. Working with the right legal team can help you legally gather key evidence for your case.
4. Enjoy Financial Gains
There are unlawful detainer scenarios that grant aggrieved tenants particular financial gains. For instance, the court may instruct a landlord to cover the costs of a tenant’s legal representation. Depending on your case, your lawyer can create the ideal defense to get as much financial reparation as possible.
5. Open Negotiations
No matter how challenging your professional relationship with your landlord is, an eviction might not be the ideal solution for either of you. If you have a reliable detainer lawyer on your side, you can get their help negotiating with your landlord. This may be a simpler, less expensive alternative to a lawsuit.
Find A Reliable Detainer Lawyer Near You
A reliable Philadelphia detainer lawyer offers so many advantages that allow you to focus your energy where it is needed most. If you’re facing eviction and your landlord has hired an attorney, we recommend getting one, too.
However, not all lawyers are the same. Choose experienced professionals to represent you, like the ones from Brennan Law Offices.
At Brennan Law, we’ve been serving the needs of tenants from Philadelphia and throughout Pennsylvania for over 25 years now. We know the law, the city, and its courts. If you need help defending your rights as a tenant, we’re here to help.
Call us at 215-568-1400 for a free legal consultation.
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