
Understanding Harassment in the Workplace & Beyond
When you hear “workplace harassment” your mind may immediately think of sexual harassment. Beyond sexual harassment, there are other forms of workplace harassment that you should be aware of. Local and state laws have been passed to protect workers from harassment. The laws against harassment on the job begin with an extensive definition.
Definition of Workplace Harassment
Workplace harassment is defined as unwelcome conduct aimed at race, age, gender, or religion. Harassing actions could also target disability, gender identity, or national origin. The conduct in question can be verbal or physical. The laws against harassment provide a broad spectrum of protection for workers who have been victimized.
Verbal harassment is the utilization of words, tone of voice, or language to insult or demean someone. Those who use words this way may be seeking psychological control or merely trying to make the other person sad or uncomfortable. This type of harassment could include name-calling, sarcasm, offensive jokes, or mockery.
Other Types of Harassment
Harassment might also occur if your employer discriminates against you because of your heritage, nationality, or religious affiliations. Physical harassment at work consists of actions that would cause bodily harm. These actions could include hitting, kicking, slapping, or punching. Even if this behavior isn’t witnessed, if it occurred at work, it would be considered workplace harassment.
Sexual harassment at work is defined as either uninvited sexual actions or uninvited words, gestures, or conduct of a sexual nature. These conditions often occur not only for the offender’s sexual pleasure but also to exert control over the victim. The same laws protect workers against a “hostile workplace,” which could refer to conditions that would make someone uncomfortable.
What to Do If You Are a Victim
If you are a victim of harassment, your first step is to report it to your supervisor. Federal employment laws mandate all companies must have a sexual harassment policy and educate their employees about that policy. You have the right to report your harassment directly to the EEOC (Equal Employment Opportunity Commission), as they have federal oversight into employment laws about workplace harassment. A local attorney can be an asset to you as you prepare your case for presentation to the EEOC.
If you have been the victim of workplace harassment, and a report to your supervisor has not resolved the issue, you must bring a legal suit to protect your rights. If you live in the Philadelphia area, we can help you in your efforts to stand up for your rights. At Bill Brennan Law Offices, we are renowned as dedicated domestic violence lawyers in Philadelphia. Nevertheless, we can use our over 25 years of court experience to assist you in your quest for a harassment-free workplace.
Call Us Today for an Appointment
Workplace harassment is severe, and you may need local support to file a claim. Our attorneys will vigorously support you in your harassment claim. We also act as a Philadelphia sexual assault lawyer. We will use our 25 years of experience to help you through every step of the process. Call us for an appointment today, and let us be your champions.
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Types Of Sex Crimes: Definitions & Legal Consequences
Are you a legal professional seeking information about sexual assaults or a victim of a sex crime? It’s important to understand key definitions and penalties to protect the interests of yourself or your client. In this guide, the best criminal attorney in Philadelphia provides information about major sex crimes.
At Brennan Law Offices, you’ll receive a no-obligation consultation to discuss your case. While the legal consequences depend on the circumstances surrounding a particular incident, they may include both fines and jail time for convicted offenders.
Two Types of Rape
Stranger rape involves an attacker unknown to the victim, while date rape involves an attacker known by the victim. Date rape is more common, but no less serious than stranger rape. Perpetrators often use weapons, threats, and violence during the crime. Pennsylvania law treats both types severely due to the devastating impact on victims.
What Is Sexual Assault?
When an offender has sexual intercourse against the wishes of the victim, it’s called sexual assault. Unlike rape, sexual assault doesn’t require force in Pennsylvania. In some cases, willing participants can file sexual assault charges. Talk to a knowledgeable assault attorney to learn whether your case has merit.
Child Pornography Definition
There are two types of charges regarding child pornography. They involve the possession or distribution of child pornography. Both charges refer to depicting minors engaging in or simulating sexual acts. Distributing child pornography in books, magazines, photos, or digital format is illegal. The fines and jail associated with these crimes depend on many factors, including the age of the child and the specific acts portrayed.
What Is Statutory Rape?
It’s illegal to engage in sexual acts with victims between the ages of 12 and 16 if the accused is more than four years older than the victim. That includes consensual encounters, which carry serious penalties in Philadelphia. Mentors, such as coaches and teachers, often receive more serious penalties due to a violation of trust. If you need help navigating the laws defining statutory rape, make an appointment with one of our talented attorneys today.
Definition of Child Molestation in Philadelphia
Child molestation describes sexual activities between an adult or older adolescent and a child. This may include inappropriate touching and sexual exploitation. It may also include acts that don’t involve touch, such as grooming and indecent exposure.
Internet Sex Crimes, a Wide Umbrella
Internet sex crimes encompass all forms of sexual exploitation online, including the following:
- Child pornography: Creating and distributing explicit images of minors or having them stored in digital format.
- Grooming: Using the internet to manipulate children for sexual purposes.
- Online solicitation: Seeking or conducting sexual conversations with minors.
- Other forms of online sexual exploitation.
It’s important to understand the legal ramifications for various sex crimes. For more information on your case, feel free to reach out to one of our sexual assault attorneys in Philadelphia. Additionally, we have included the penalties and fines associated with sexual offenses.
Penalties for Convicted Sexual Offenders
There are many factors that determine whether a specific action results in a conviction. Even then, penalties range widely depending on the severity of the crime. In general, felonies have heavier penalties than misdemeanors.
Whether you are the victim of a sex crime or have been accused of one, it can have a lasting impact on your life. Below, we have listed the fines and jail time associated with misdemeanor and felony sexual assault convictions. A conviction may also involve community service and mandatory counseling sessions.
- 3rd Degree Misdemeanor: Maximum fine of $5,000. Maximum jail time of 1 year.
- 2nd Degree Misdemeanor: Maximum fine of $5,000. Maximum jail time of 2 years.
- 3rd Degree Felony: Maximum fine of $15,000. Maximum jail time of 7 years.
- 2nd Degree Felony: Maximum fine of $25,000. Maximum jail time of 10 years.
- 1st Degree Felony: Maximum fine of $25,000. Maximum jail time of 20 years.
Contact A Philadelphia Sexual Assault Lawyer
Do you need help navigating the sexual assault laws in Philadelphia? Let a Philadelphia sexual assault lawyer at Brennan Law Offices help you! Contact us today!
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The Role of Evidence in Sex Crime Cases
Sex crime cases are undoubtedly among the most sensitive and even contentious legal cases that are in the criminal justice system today in the United States. Accusations of sexual misconduct can have severe consequences for both the accused and the alleged victim. In Philadelphia, just as in many other jurisdictions, these cases often hinge on the presentation and evaluation of evidence. Read on for more information about how evidence plays the most crucial role when it comes to sex crime cases.
The Complexity of Sex Crime Cases
Sex crime cases encompass a wide range of offenses, from sexual assault and rape to child molestation and indecent exposure. Due to their sensitive nature, these cases often come with intense emotions, public scrutiny, and a presumption of guilt in the court of public opinion. This makes it even more important than in other criminal cases for both prosecutors and criminal defense attorneys to rely on evidence to establish or challenge the facts.
The Burden of Proof is on the Prosecution
In any criminal case, including sex crimes, the prosecution bears the burden of proof. This makes it the prosecutor’s responsibility to prove the defendant’s guilt beyond a reasonable doubt. In sex crime cases, evidence plays a pivotal role in meeting this burden.
Physical Evidence is Important
Physical evidence, such as DNA, bodily fluids, clothing, or other materials collected from the crime scene or the victim, can be instrumental in a sexually oriented case. A skilled sex crime lawyer in Philadelphia, like the experienced and highly skilled attorneys at Brennan Law Offices, knows how to scrutinize the collection and handling of physical evidence to ensure its integrity and reliability.
Cases Can Hinge on Witness Testimonies
Witness testimonies are also extremely important in sex crime cases. These can include statements and even testimony from the alleged victim or victims in the case as well as eyewitnesses and even experts who can provide insights into the case. It is important to note, though, that witness testimonies are not always foolproof and can be influenced by biases or inconsistencies.
The Important Role of Criminal Defense Attorneys
Criminal defense attorneys play a critical role in sex crime cases. Their primary duty is to vigorously defend their clients’ rights and challenge the evidence presented by the prosecution. Expert attorneys will conduct a thorough investigation of the evidence against their client. This includes reviewing the collection methods, analyzing the chain of custody, and identifying any potential weaknesses or flaws in the prosecution’s case.
Defense attorneys also play a crucial role in cross-examining witnesses, including the alleged victim. They may uncover inconsistencies or motivations that could cast doubt on the credibility of the testimony. This is a very important part of the defense strategy.
In many sex crime cases, expert witnesses can provide valuable insights. These experts can include forensic analysts, psychologists, or medical professionals who can offer their opinions on critical aspects of the case. The defense may call upon expert witnesses to challenge the prosecution’s evidence or to provide a different perspective.
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If you are in need of a criminal defense attorney in Philadelphia, call the Brennan Law Offices today to get the legal representation you need and deserve.
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Crimes That Result In Classification As A Sex Offender
Understanding sex crimes and the different sex offender classifications can be insightful. There are many nuances to sex crimes, and our experts are here to help you navigate this complex topic. Let’s take a closer look at which crimes will result in classification as a sex offender.
Understanding the Tier System: Classifying Sex Crimes
Sex offenders will be placed into tiers to better determine whether or not there’s a major risk of reoffending. While none of the tiers have crimes that would be considered better than the other, the degree and the severity of the crime do come into play. Here’s an overview of the system and examples of the types of crimes that one might encounter.
Tier 1: Misdemeanors and Nonviolent Felonies (15-Year Registry Period)
- Watching a video of a minor that contains sexual content.
- Having and/or receiving child pornography.
- Traveling to or assisting in travel to engage in illicit activity with a minor.
- Imprisoning a minor.
- Speaking with a minor in such a way that’s designed to encourage criminal sexual behavior.
Tier 2: (25-Year Registry Period)
- Being involved in the creation or distribution of child pornography.
- Persuading minors to engage in sexual activity.
- Having intercourse with minors who are 16 or 17 years of age.
- Forcing minors into prostitution or sex trafficking.
- Using minors in sexual performances.
Tier 3: (Registration for Life)
- The kidnapping of a minor is done by someone who isn’t their parent or their guardian.
- Sexual abuse and sexual abuse of a minor, abusive sexual contact with someone under the age of 13, and aggravated sexual abuse.
- Having sexual contact with minors under the age of 13.
As can be seen from above, the legal repercussions tend to grow with each tier, and the crimes that sex offenders engage in grow in severity, which can indicate that they may continue reoffending in the future. Keep in mind that some of the requirements, such as registration for life under the third tier, may not apply in the case that the sexual offender is a juvenile delinquent with a clean record.
Controversial Crimes That Can Result in Sex Offender Status
There are many crimes we associate with sex offender status, but there are an equal number of crimes that we may hear about through various avenues regarding how someone was wrongly convicted and how their life was negatively impacted. There are numerous controversial sex offender crimes that one may not even know can result in having to register. A few of these crimes include:
- Taking nude photos/videos of yourself as a minor and sharing them with others (or spreading nude media of others as a minor).
- Soliciting a prostitute.
- Urinating in public.
- Incestual acts (this is a more extreme example, which could be deemed worthy of sex offender status to some).
- Engaging in indecent exposure can include anything from purposely flashing someone to streaking through an event.
- Consensual sex acts happen between minors.
- Hugging (this one is an extremely rare case, but some have been charged for unwanted physical contact).
- Viewing lewd or pornographic content on a computer within view of a minor.
It’s important to keep in mind that, if it’s an illegal behavior or an inappropriate one involving individuals who did not want to engage in said activities, it could very well result in someone being put on a sex offender list even if the crime is not always deserving of punishment (or if the topic itself is something that people commonly argue about).
Learn More From The Professionals
No matter the reason for your interest, working with Philadelphia criminal defense specialists can help you better understand the nuances and repercussions of sex crimes in Pennsylvania. Learn more from a sex crimes attorney in Philadelphia by getting in touch with us today.
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What Is Classified As Sexual Assault?
If you have been accused of sexual assault, you may wonder exactly how that’s legally defined and what you need to do to protect yourself. Everyone deserves to have someone represent them in court, and you’ll need a Philadelphia criminal defense law firm that will protect you. Before you go to court, it can be a good idea to understand the charges that you have against you. In Pennsylvania, harassment is a crime that is very similar to assault but with one key difference.
Harassment and Assault
Harassment and assault are differentiated by physical contact with a person. Harassment is an unwanted behavior that a perpetrator uses to scare, irritate, or intimidate someone. There are many different forms of it, including emails, letters, phone calls, or verbal threats. If someone threatens someone with a property crime or physical harm, this can be harassment. Harassment is a criminal offense in the state and can result in the perpetrator getting fines as well as jail time. It can also harm the accused person’s reputation and professional standing.
Assault is different because it involves a physical act. Rather than just threatening harm, an assault takes place when someone tries to physically harm someone. This can mean a smaller act like kicking or hitting someone, or it can include using a weapon in the assault. Generally, to be assault, there must be a physical act that was intended to cause someone harm. Sexual assault is unwanted physical behavior that is sexual in nature.
Sex Crimes
Being accused of a sex crime such as sexual assault can quickly ruin the reputation of the accused. These are sensitive charges that can be highly emotional as well as damaging. In Philadelphia, sexual assault charges can be punished severely. Not only is there jail time on the line but someone convicted of sexual assault will be added to the sex offender database of Pennsylvania. This makes the details of the conviction public to anyone who wants to see it. Once someone’s name goes on the list, the state restricts them from living in certain areas that are near places like parks and schools. The name will remain on the registry for 15 years, but the stigma can go on much longer. Part of the defense of this crime is to work to keep the accused person’s name off this registry.
Sexual assault is classified as anywhere from a third-degree misdemeanor up to a first-degree felony, depending on the circumstances. The lightest sentence is up to a year in jail and a fine as high as $5,000. At the other end of the scale, the fine can be as much as $25,000, and the sentence can be as long as 20 years. There may also be community service and/or counseling required by the court.
Getting an Experienced Lawyer for Sexual Assault
When you’re facing an accusation of sexual assault, you need a Philadelphia assault lawyer to help you through the process and to give you the best defense possible. Call to find out more about what the Brennan Law Offices can do for you.
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What Do I Do If I Am Charged With Sexual Assault?
If you are charged with sexual assault, you need to work closely with a knowledgeable attorney. They will present you with several options to help you through the process. This can be a very hard time but it’s important to be open and honest with your attorney to find the path that is best for you. When looking for a sex crimes attorney in Philadelphia, turn to the team at Brennan Law Offices for the help that you need.
Proof of Innocence
If charges have been brought against you and you are innocent, the first step with the attorney is to provide proof of innocence. Being able to show that you were in a different location than the event that you are charged with can help the attorney show that you are not culpable. There are several ways to do this including security cam footage, receipts, phone records, and eyewitnesses who can place you at a certain location at a particular time. GPS can also play a role in proving that you were not at a particular location. Any of these things can help your legal case. It is not uncommon for an assault victim to misidentify their attacker. This can also be a time when DNA evidence can be helpful. If evidence was left on the victim or the crime scene, a simple test can clear your name.
Mental State at the Time of the Incident
Expect your attorney to ask about your mental state when the incident occurred. This can include having a mental breakdown at the time. In this case, there is the possibility that assault charges can be thrown out. There will also be questions about your alcohol and drug use. While this does not prevent you from being charged with sexual assault, it’s important for your attorney to know about it.
Proving Mutual Consent
Sometimes, following a sexual encounter, one of the parties may press charges. This can be out of anger or regret. In this case, the attorney must prove that one of the parties was submitted to sexual assault against their will. Proving mutual consent can seem difficult but it can be done. Again, this is another reason why it’s so important to be honest with your attorney. There may be questions about your behavior in the past. Character witnesses may also need to be called. This type of case is even more difficult if the victim is a minor.
Fight a Sexual Assault Charge
A sexual assault charge is a serious matter. You need an experienced, qualified attorney to help you through this process. It is definitely not something that you want to try to handle yourself. When looking for a Philadelphia criminal defense, call on the team at Brennan Law Offices. Our team of lawyers and staff will stand with you and build the best defense possible. If you find yourself in a difficult situation, call us and we will provide you with the help you need.
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What Is Considered Workplace Harassment?
It is imperative in today’s world that employers ensure a safe and healthy work environment for all employees. Workplace harassment can have severe consequences for employees and employers if it takes place and is mishandled. Everyone at any workplace has a right to be treated with dignity and respect and if that is not happening, it may be time to address it. For more information on what constitutes workplace harassment and how you can handle the situation, check out the information below.
Defining Workplace Harassment
Workplace harassment encompasses any unwelcome conduct, actions, comments, or behavior that creates a hostile, intimidating, or offensive work environment for an employee. This bad behavior can be based on protected aspects of a person, including age, color, race, sex, national origin, genetic information, and disability. These actions can occur between employees, supervisors, and managers, or even by non-employees that people have to deal with within their workplace environment.
Types Of Workplace Harassment
There are many different types of workplace harassment, including verbal harassment. This type of harassment can include offensive language, slurs, derogatory statements, or even jokes that target a person’s race, religion, gender, or any other protected characteristics.
Physical harassment is another type of workplace harassment that takes place all too often. This can include unwelcome physical contact, inappropriate gestures, or downright assault.
Cyber harassment is becoming more common in this era of the digital age. This is when a victim receives offensive or threatening messages online, inappropriate content from bosses, colleagues, or even cyberbullying.
Psychological and emotional harassment includes behaviors that are intended to intimidate, belittle, or demean a certain individual. It can include things like constant criticism, isolation, or humiliation.
Sexual harassment includes any unwelcome sexual advances, request for sexual favors, or other verbal, physical, or nonverbal conduct that is of a sexual nature and interferes with an employee’s work performance or creates a very hostile or intimidating work environment. Our sex crimes defense lawyers in Philadelphia can help if you’re accused of this type of harassment.
Falsely Accused?
Keep in mind that sometimes people are falsely accused of committing some type of workplace harassment. If you are a victim of being accused of workplace harassment or sexual misconduct or you are the victim of it and nothing is being done by your employer, it may be very well timed to contact an attorney.
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If you are in need of a Philadelphia criminal attorney, call upon the professional attorneys at the Brennan Law Offices to protect your rights and your freedom. They will assist you in handling your situation legally so that you can experience a safe and healthy work environment.
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Is Sexual Harassment a Sex Crime
Unfortunately, sexual harassment is something that occurs in a variety of settings throughout the country. The topic of sexual harassment is still a murky one for a lot of people. Let’s use this opportunity to shed more light on that matter so you can better understand.
Defining Sexual Harassment
Harassment typically features someone pressuring or intimidating you. When you add a sexual element to those actions, you have something that can be perceived as sexual harassment.
The victims of sexual harassment do not consent to the actions or words they are being forced to endure. Sexual harassment could still occur because the offending party may have leveraged their power to obtain consent.
Sexual harassment can take on many forms. Examples of it include:
- Unwelcome sexual conduct
- Sending text messages, emails, photos, or videos that contain sexual content
- Granting employment or advancement contingent on performing sexual favors
- Threatening to terminate employment if a sexual favor is not granted
- Inappropriate physical contact
Is Sexual Harassment Considered a Sex Crime?
Now that we know more about sexual harassment, it’s time to answer one of the most common questions people have about it. Is sexual harassment considered a crime?
Some people may be surprised to learn that sexual harassment is not regarded as a criminal offense. Federal and state laws see sexual harassment itself as a civil wrong. However, some actions and conduct involved in sexual harassment can be deemed criminal. These include situations of rape, assault, and stalking.
Because sexual harassment is regarded as a civil wrong in the United States, you won’t be able to press criminal charges if you are the victim. However, you can still pursue civil charges against the offending party. You can hit them with a lawsuit, take them to court, and recoup compensation for the harm they caused. No amount of financial compensation can make up for the harm caused by sexual harassment, but it may be able to aid the victim in their recovery.
Differentiating Sexual Harassment and Sexual Assault
Sexual assault is a considerably more serious offense and criminal charges may be levied upon anyone found guilty of committing that act. Make your assailant pay for their horrible acts by taking appropriate legal action. You can also reach out to a Philadelphia sexual assault lawyer if you need representation.
Fight Back
Get the representation you deserve by working with PA criminal defense lawyers. Get in touch with the Brennan Law Offices today and defend your rights.
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What Do I Do If I Am Charged With Assault?
If you have been charged with assault, there are a few steps you need to take to ensure you protect your rights and have the appropriate representation when you get to court. These charges can change your life forever, affecting your reputation, costing you a career, and even prison time in many cases. It is important to know what assault is and what you need to do once you have been charged.
What Is An Assault?
If you are charged with assault in Philadelphia, this is because one party attacked another party physically, sometimes in the case of domestic violence, sexual harassment, or a physical attack. Depending on the severity of the assault, it can be categorized into different categories, which means that other potential consequences exist.
Steps After Being Charged With Assault
If you have been charged with assault, there are several steps you need to take right away for your case.
1. Secure an Attorney
Once you have been charged, you can expect a formal case to be presented against you. Depending on the testimony and the evidence stacked against you, your best chance of having your charges dismissed or reduced is with the assistance of a criminal defense lawyer. They can look at the evidence and determine if you committed the crime you are being charged with. Criminal defense lawyers have experience working with evidence and the legal jargon that you may not be familiar with in a courtroom.
2. Collect Evidence
When an assault case is presented to the court, the prosecutors must have some form of evidence to claim that you were the person who committed the assault. Evidence such as the following can help your case:
- Alibi and proof of your whereabouts
- Witnesses who can confirm your story
- Providing DNA samples
- Receipts
- Videos
- Text messages
Evidence is critical in an assault case, so depending on the situation, there are many different types of evidence that can be submitted to the court. For those who have been mistaken as the culprit, supplying proof that you were not in the area at the time of the attack is essential.
If you are building a case on self-defense, proof of previous altercations, threats, and witnesses are evidence options that can be used. No matter what your case may be, you can present this evidence to your legal team and they will utilize it as needed throughout the case.
Let Brennan Law Office Assist You Today
If you have recently been accused of assault and need a Philadelphia assault lawyer, contact our team today. We have some of the leading domestic violence lawyers in Philadelphia and also assist with other assault cases.
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What Is The Difference Between Harassment And Assault Crimes?
As a society, we have a responsibility to protect ourselves and each other from harm. However, sometimes, individuals are accused of committing crimes that can have serious consequences for their personal and professional lives. If you have been accused of harassment or assault, it is important to understand the differences between these crimes so that you can make informed decisions about your defense. The team at Brennan Law Offices is ready to help you through this.
What Is Harassment?
Harassment is a form of unwanted behavior that is intended to intimidate, annoy, or alarm another person. Harassment can take many forms, including physical, verbal, or written threats, or repeated phone calls or emails. In some cases, harassment can escalate to the point where it becomes a criminal offense. For example, if someone threatens to harm another person or their property, they can be charged with harassment.
What Is Assault?
Assault, on the other hand, is a physical act that is intended to cause harm to another person. This can include anything from hitting or kicking to using a weapon. Assault can range from a minor altercation to a serious crime, depending on the circumstances. To be considered assault, the physical act must have been committed to cause harm. If the act is sexual, you need the best Philadelphia sexual assault lawyer.
Both Are Considered Serious Crimes
Both harassment and assault are serious crimes that can result in fines and imprisonment, as well as damaging social and professional consequences. However, the penalties for these crimes can vary widely, depending on the jurisdiction and the circumstances of the case.
Get The Best Representation
At the Brennan Law Offices, we understand the complexities of harassment and assault cases and we are committed to providing the best possible legal representation for our clients. Our team of experienced criminal defense lawyers has a deep understanding of the legal system and can provide you with the support and guidance you need to protect your rights and interests.
If you have been accused of harassment or assault, it is essential to seek the help of a qualified criminal defense attorney as soon as possible. Our experienced attorneys will work closely with you to develop a strategic defense that takes into account all of the unique aspects of your case. Whether you are facing a simple harassment charge or a serious assault charge, we are here to help.
If you have been accused of harassment or assault, it is essential to seek the help of a qualified criminal defense attorney. At the Brennan Law Offices, we have the knowledge and experience necessary to provide you with the best possible legal representation. If you are looking for the best criminal attorney in Philadelphia, look no further than the Brennan Law Offices. Contact us today to schedule a consultation and take the first step toward protecting your rights and your future.
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