Manchester and Associates

Pennsylvania Criminal & DUI Defense

Crimes

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Theft By Deception In Pennsylvania

Have you or someone you know been charged with Theft by Deception in Pennsylvania? The charge of Theft by Deception in Pennsylvania can have very serious consequences that can include up to ten years in prison and thousands in fines.

In Pennsylvania, theft by deception is an extension of the basic theft statute: the unlawful taking of the property of another with the intent to permanently deprive the owner of it. Theft by deception expands that definition and adds to it that the defendant intentionally obtained or withheld property of another by deception. A defendant may be found guilty of theft by deception is he or she:

  • Creates or reinforces a false impression as to the “law, value, intention or state of mind.”
  • Prevents the person from who items were stolen from acquiring information that might affect his or her judgment.
  • Fails to correct a false impression “which the deceiver previously created or reinforced.”

The statute specifically states that theft by deception cannot be inferred simply because the defendant failed to perform a promise that was given to the alleged theft victim. Also, the term “deceive” does not include “puffing,” or statements that have “no pecuniary interest.”

The penalties involved depend greatly on the amount of funds or the amount that the items taken are worth. The range is from a Misdemeanor 3 to a Felony 2. Other items taken into account are if there was a firearm involved, whether there were threats made, or if anhydrous ammonia was used.

As you can see Theft by Deception in Pennsylvania is a very serious offense. The results of a conviction are all over the board from a misdemeanor violation to possible felony charges that can result in a decade in prison, to everything else in between. If the police arrest you for Theft by Deception it is very important to be polite but remain silent and request to speak with your lawyer right away. Anything you say can and will be used against you. With so much at risk, it is important that you exercise your constitutional rights from the very beginning.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Theft by Deception in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation, we can be contacted at 1-800-243-4878.

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Being Charged With Rape In Pennsylvania

Have you or someone you know been charged with Rape in Pennsylvania? The charge of Rape in Pennsylvania can have very serious consequences that can include up to twenty years in prison and thousands in fines just for a single charge. Not to mention the collateral consequences of just being charged or the registry consequences that you could also be facing.

In Pennsylvania, rape is defined as a person engaging in sexual intercourse with a complainant by forcible compulsion. The complainant can be either a male or female. Under Pennsylvania law, it is rape when:

  1. By forcible compulsion.
  2. By threat of forcible compulsion that would prevent resistance by a person of reasonable resolution.
  3. Who is unconscious or where the person knows that the complainant is unaware that the sexual intercourse is occurring.
  4. Where the person has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, drugs, intoxicants or other means for the purpose of preventing resistance.
  5. Who suffers from a mental disability which renders the complainant incapable of consent.

Additional Penalties: In addition to the penalty provided for the offense above, a person may be sentenced to an additional term not to exceed ten years’ confinement and an additional amount not to exceed $100,000 where the person engages in sexual intercourse with a complainant and has substantially impaired the complainant’s power to appraise or control his or her conduct by administering or employing, without the knowledge of the complainant, any substance for the purpose of preventing resistance through the inducement of euphoria, memory loss and any other effect of this substance.

Rape Of A Child: A person commits the offense of rape of a child, a felony of the first degree when the person engages in sexual intercourse with a complainant who is less than 13 years of age.

Punishment: if convicted of this offense the punishment is that the individual shall be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years.

Rape Of A Child With Serious Bodily Injury: A person commits the offense of rape of a child resulting in serious bodily injury, a felony of the first degree when the person violates this section and the complainant is under 13 years of age and suffers serious bodily injury in the course of the offense.

Punishment: If convicted of this offense the punishment is that the individual shall be sentenced up to a maximum term of life imprisonment.

One pitfall you must keep on the lookout for is the alleged victim will sit down with the detective and sometimes the District Attorney office. They will usually attempt to call you and talk to you about the situation. What I mean by that is that the victim will call you and not tell you that the detective and District Attorney are sitting in the room listening to the conversation over speakerphone. If you have any indication that someone is attempting to claim rape even if it was completely consensual this could be happening to you and the conversation that they hear can be used against you as evidence. You never know the motives behind an individual making such a serious accusation, thus it is very important to contact an attorney right away to inform you of your rights in this situation.

As you can see being charged with Rape in Pennsylvania is very serious offense. The results of a conviction will be a felony which could result in spending decades in prison. If the police arrest you Rape it is very important to be polite but remain silent and request to speak with your lawyer right away. Anything you say can and will be used against you. With so much at risk, it is important that you exercise your constitutional rights from the very beginning.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Rape in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation, we can be contacted at 1-800-243-4878.

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Acquiring A Controlled Substance By Fraud In Pennsylvania

Have you or someone you know been charged with Acquiring a Controlled Substance by Fraud in Pennsylvania? The charge of Acquiring a Controlled Substance by Fraud in Pennsylvania can have very serious consequences that can include up to fifteen years in prison and thousands in fines. At minimum you face up to one year in jail.

In Pennsylvania, it is illegal to use a fake or forged prescription to obtain, or try to obtain prescriptions from a pharmacy. The acquisition or obtaining of possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge is the crime under the drug statutes. The severity of the offense is determined by the prescription drug that was obtained depending on the drugs schedule level determined by the Department of Health.

Schedule I or II which is a narcotic drug, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding fifteen years, or to pay a fine not exceeding two hundred fifty thousand dollars ($250,000), or both or such larger amount as is sufficient to exhaust the assets utilized in and the profits obtained from the illegal activity

Any other controlled substance or counterfeit substance classified in Schedule I, II, or III, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding five years, or to pay a fine not exceeding fifteen thousand dollars ($15,000), or both.

Schedule IV, is guilty of a felony and upon conviction thereof shall be sentenced to imprisonment not exceeding three years, or to pay a fine not exceeding ten thousand dollars ($10,000), or both.

Schedule V, is guilty of a misdemeanor and upon conviction thereof shall be sentenced to imprisonment not exceeding one year, or to pay a fine not exceeding five thousand dollars ($5,000), or both.

If you are a doctor or a nurse and are charged with facilitating, helping, or acquiring a Controlled Substance by Fraud in Pennsylvania, you could have your professional license suspended or revoked completely, by your respective boards.

If you are charged with Acquiring a Controlled Substance by Fraud in Pennsylvania, do not talk to the police or prosecutors without an attorney. What you say will be taken out of context and used against you. If the police try to question you, exercise your sixth Amendment and tell them you want a lawyer. Do not consent to any searches of your house, computer, or phones without a proper warrant.

Once you have retained a competent Criminal Defense Attorney they will review all of the allegations being made by the police and prosecutors, including any evidence that they claim to have. Your attorney should gather the evidence or witnesses to show if you are innocent and/or just made an honest mistake, such as you may not have known that the prescription you had was fake or forged.

It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

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Criminal Use Of Communication Facility In Pennsylvania

Have you or someone you know been charged with having a Criminal use of Communication Facility in Pennsylvania? The charge of Criminal use of Communication Facility in Pennsylvania can have very serious consequences that can include up to seven years in prison and thousands in fines just for a single charge.

This offense is related to any felony connected to drug activity. It is not illegal to use a Communication Facility which is any private or public instrument for the transmission of writing, signals, sounds, data, or the like, of any nature. Basically, any device used to communicate in any form to another person. What is illegal is using these devices to further any type of drug activity.

This offense can also be charged multiple times. The statute allows for the police and District Attorney offices to charge you for every instance where the communication facility is utilized as a separate offense. Thus you can get a lot of these felonies stacked on top of each other very quickly if you are using them over and over again.

One pitfall you must keep on the lookout for is the plea offer that the District Attorney office makes to you. They will on some occasions agree to not prosecute you for Possession With Intent to Deliver which is a felony and reduce it down to a simple possession which can be as low as a misdemeanor. However, they will at times still look to have to also plead to Criminal use of Communication Facility which still gives you a felony. Thus with a felony conviction, a lot of your rights as a citizen of Pennsylvania and the United States will be compromised. Including your gun rights and your right to vote, just to mention a few, in addition to the difficulty finding work and housing with a felony on your record.

As you can see being charged with Criminal use of Communication Facility in Pennsylvania is very serious offense. The results of a conviction will be a felony which could result in spending decades in prison if they stack multiple offenses on top of each other. If the police arrest you Criminal use of Communication Facility it is very important to be polite but remain silent and request to speak with your lawyer right away. Anything you say can and will be used against you. With so much at risk, it is important that you exercise your constitutional rights from the very beginning.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Criminal use of Communication Facility in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation, we can be contacted at 1-800-243-4878.

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Criminal Conspiracy In Pennsylvania

Have you or someone you know been charged with Criminal Conspiracy in Pennsylvania? The charge of Criminal Conspiracy in Pennsylvania can have very serious consequences that can include many years in prison and thousands in fines just for a single charge.

What Are Criminal Conspiracy Charges?

This is a crime that must involve at least two people. It is an agreement to conspire together to commit a crime with the intent of facilitating the commission of the crime by attempting, solicitation to commit the crime or actually committing the crime, or agreeing to aid in the planning of the attempt, solicitation, or the act of the crime.

There can only be one conspiracy charge per person for the entire group. You should not be charged with multiple conspiracy charges for the same underlying criminal charge. In other words, it does not matter how many conspirators there are it is the same conspiracy agreement, thus there should only be one conspiracy charge.

The gravity of this offense depends on the underlying crime that the conspiracy is about. The way the charge is laid out is Conspiracy to commit (the underlying charge). Whatever the underlying charge is, is determines the gravity of the offense. Meaning that if the underlying charge is to commit a summary harassment, and then the Conspiracy will be charged as a summary at the same level as the harassment charge, whether or not the actual harassment offense occurred. This includes any offense that can be the underlying offense. Thus you could face life in prison if the underlying offense is murder. It does not matter if they underlying offense actually occurred, all that matters is that there were the agreement and an action to further the agreement to commit the underlying offense.

Contact a Criminal Conspiracy Charges

As you can see being charged with Criminal Conspiracy in Pennsylvania is very serious offense. The results of a conviction could possibly result in spending decades in prison. If the police arrest you Criminal Conspiracy it is very important to be polite but remain silent and request to speak with your lawyer right away. Anything you say can and will be used against you. With so much at risk, it is important that you exercise your constitutional rights from the very beginning.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Criminal Conspiracy in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation, we can be contacted at 1-800-243-4878.

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Possession Of Red Phosphorous Or Causing Or Risking A Catastrophe In Pennsylvania

Have you or someone you know been charged with having a Possession of Red Phosphorous or Causing or Risking a Catastrophe in Pennsylvania? The charges associated with Possession of Red Phosphorous or Causing or Risking a Catastrophe in Pennsylvania can have very serious consequences that can include up to twenty years in prison and thousands in fines just for a single charge.

There are different offenses in Pennsylvania under the same statute; all of which are Felonies for Causing or Risking a Catastrophe that can result in, a maximum of 20 years in prison, and thousands of dollars in fines. Possession of Red Phosphorous is a felony punishable up to seven years and a fine of $15,000. The multiple different subsections for the charge of Causing or Risking a Catastrophe and Possession of Red Phosphorous in Pennsylvania they are as follows;

  1. Causing A Catastrophe:
    Is either a felony 1 or a felony 2, which can be punishable up to 20 years in prison and carries a $25,000 fine.The elements are that you causes a catastrophe by some manner fire, water, poison gas, etc. or by other means of causing potentially widespread injury or damage; including the dealing in licenses or permits for transporting hazardous materials. If the actions are done intentionally, knowingly, or recklessly.
  2. Risking A Catastrophe:
    Is a felony 3 with a max punishment of 7 years of incarceration and a $15,000 fine.The elements are that you created a risk of a catastrophe by using fire or explosives or other dangerous means that could have resulted in a fire, explosion, collapsed building, etc.
  3. Possession Of Red Phosphorous:
    Is a felony 3 with a max punishment of 7 years of incarceration and a $15,000 fine.The elements are that you possessed a precursor substance with intent to manufacture a controlled substance. There are multiple substances listed and included in that list is re phosphorous.

As you can see from these two statues to which I have trimmed down, being charged with Causing or Risking a Catastrophe or Possession of Red Phosphorous in Pennsylvania are very serious offenses. The results of a conviction can be felonies which could result in spending decades in prison. If the police arrest you Causing or Risking a Catastrophe or Possession of Red Phosphorous it is very important to be polite but remain silent and request to speak with your lawyer right away. Anything you say can and will be used against you. With so much at risk, it is important that you exercise your constitutional rights from the very beginning.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Causing or Risking a Catastrophe or Possession of Red Phosphorous in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation, we can be contacted at 1-800-243-4878.

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Operating A Meth Lab/Dumping Methamphetamine Waste In Pennsylvania

Have you or someone you know been charged with having a Methamphetamine lab also known as a Meth lab in Pennsylvania? The charges associated with the production and distribution of Methamphetamine in Pennsylvania can have very serious consequences that can include up to ten years in prison and thousands in fines just for a single charge.

There are different offenses in Pennsylvania under the same statute; all of which are Felonies that can result in, a maximum of 20 years in prison, and thousands of dollars in fines. The multiple different subsections for the charge of Operating a Meth lab/Dumping Methamphetamine waste in Pennsylvania they are as follows;

(a.1) Operating A Methamphetamine Lab:

Is a felony 2 with a max punishment of 10 years of incarceration and a $25,000 fine.

The elements are that you knowingly causes a reaction involving the chemicals needed for the purpose of making Meth, or were preparing the substances for the production of Meth.

In addition, all of the cost of the cleanup process is brought against you as restitution for the cleanup of clandestine laboratories.

(a.3) If you are convicted of operating a Meth lab within 1000 feet of a school, nursery, or daycare center and the like, the punishment is increased to a Felony 1 which increases the max punishments to 20 years and a fine of $25,000.

(b.1) Deposits, Stores, Disposes Chemical Waste:

Is a felony 3 with a max punishment of 7 years of incarceration and a $15,000 fine.

The elements are that you knowingly or recklessly stored or disposed of the substances used to make Meth, or were in the preparation of manufacturing Meth with these substances.

In addition, all of the cost of the cleanup process is brought against you as restitution as reimbursement for all law enforcement, emergency medical, fire, or other organizations used for cleaning up the environmental hazards associated with operating a lab or possessing the ingredients to create Meth.

As you can see from this very lengthy statue to which I have trimmed down, being charged with Operating a Meth lab/Dumping Methamphetamine waste in Pennsylvania is a very serious offense. The results of a conviction are all felonies which could result in spending decades in prison. If the police arrest you for Operating a Meth lab/Dumping Methamphetamine waste it is very important to be polite but remain silent and request to speak with your lawyer right away. Anything you say can and will be used against you. With so much at risk , t is important that you exercise your constitutional rights from the very beginning.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Operating a Meth lab/Dumping Methamphetamine waste in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a free consultation, we can be contacted at 1-800-243-4878.

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Arson In Pennsylvania

Have you or someone you know been charged with Arson in Pennsylvania? The charge of Arson in Pennsylvania can have very serious consequences that can include up to five years in prison and thousands in fines.

There are varying degrees of Arson in Pennsylvania; including Felonies that can result in the death penalty, life in prison, a maximum of 40 years in prison, Felony charges, Misdemeanor charges, and even a summary offense. The multiple different subsections for the charge of Arson in Pennsylvania they are as follows;

(a) Arson Endangering Persons.

(1) A person commits a felony of the first degree if you start a fire or causes an explosion, that recklessly places another person in danger of death or bodily injury, or purposefully destroy; or damage an inhabited building or occupied structure of another.

(2) A person commits murder of the second degree if the fire or explosion causes the death of any person, or is guilty of murder of the first degree if the fire was set with the purpose of causing the death of another person and another person dies.

(a.1) Aggravated Arson.

(1) A person commits a felony of the first degree if he intentionally starts a fire that causes bodily injury to another person, or a felony when a person is present inside the property at the time of the offense.

(2) A person who commits aggravated arson is guilty of murder of the second degree if the fire or explosion causes the death of any person.

(a.2) Arson Of Historic Resource. – A person commits a felony of the second degree if the person, with the intent of destroying or damaging a historic resource of another, intentionally starts a fire or causes an explosion, whether on the person’s own property or that of another or aids another.

(c) Arson Endangering Property. – A person commits a felony of the second degree if he intentionally starts a fire with intent of destroying or damaging a building or unoccupied structure of another; or recklessly places an inhabited building or occupied structure in danger of damage or destruction; or commits the act with intent of destroying or damaging any property, to collect insurance for such loss.

(d) Reckless Burning Or Exploding. – A person commits a felony of the third degree if he intentionally starts a fire, and recklessly places an uninhabited building or unoccupied structure of another in danger of damage or destruction; or places any personal property of another having a value that exceeds $5,000 or if the property is an automobile, airplane, motorcycle, motorboat or other motor-propelled vehicle in danger of damage or destruction.

(d.1) Dangerous Burning. – A person commits a summary offense if he intentionally or recklessly starts a fire to endanger any person or property of another whether or not any damage to person or property actually occurs.

(e) Failure To Control Or Report Dangerous Fires. – A person who knows that a fire is endangering the life or property of another and fails to take reasonable measures to put out or control the fire, when he can do so without substantial risk to himself, or to give a prompt fire alarm, commits a misdemeanor of the first degree if he knows that he is under an official, contractual or other legal duty to control or combat the fire; or the fire was started, albeit lawfully, by him or with his assent, or on property in his custody or control.

(f) Possession Of Explosive Or Incendiary Materials Or Devices. – A person commits a felony of the third degree if he possesses, manufactures or transports any incendiary or explosive device or material with the intent to use or to provide such device or material to commit any offense described in this chapter.

(b) Sentence.

(1) A person convicted of violating the provisions of subsection (a)(2), murder of the first degree, shall be sentenced to death or life imprisonment without right to parole; a person convicted of murder of the second degree, pursuant to subsection (a)(2), shall be sentenced to life imprisonment without right to parole. Notwithstanding provisions to the contrary, no language herein shall infringe upon the inherent powers of the Governor to commute said sentence.

(2) A person convicted under subsection (a.1) may be sentenced to a term of imprisonment which shall be fixed by the court at not more than 40 years if bodily injury results to a firefighter, police officer or other person actively engaged in fighting the fire; or serious bodily injury results to a civilian.

As you can see from this very lengthy statue to which I have trimmed down, being charges with Arson in Pennsylvania is a very serious offense. The results of a conviction are all over the board from a summary violation that would result in a fine, to possible murder charges that can result in the death penalty or life in prison, to everything else in between. If the police arrest you for Arson it is very important to be polite but remain silent and request to speak with your lawyer right away. Anything you say can and will be used against you. With so much at risk it is important that you exercise your constitutional rights from the very beginning.

It is extremely important to contact an experienced law firm right away in you or someone you know is charged with Arson in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation. Here at Manchester and Associates, we represent people across the Commonwealth of Pennsylvania. For a strategy session, we can be contacted at 1-800-243-4878.