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Manchester and Associates

Manchester and Associates

Pennsylvania Criminal & DUI Defense

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Violent Crimes

Violent Crimes in the Commonwealth of Pennsylvania are listed in Title 18 for Crimes and Offenses. These crimes cover a very large amount of law, from Harassment to Murder.

The Commonwealth of Pennsylvania has a multitude of violence and violence related crimes. Each situation is unique to their set of facts. It is important that you hire an experienced team to join you in the fight against the Government. The team at Manchester and Associates has decades of experience and training fighting these types of cases. Should you find yourself in a situation where you need legal representation you need to contact criminal defense attorneys who know the law inside and out. To discuss your specific situation, contact our team for a free consultation at our toll free number (800)-243-4878 or through the contact tab at the top of the page.

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Violent Crimes-General Information

Violent crimes in the Commonwealth of Pennsylvania include (but are not necessarily limited to):

  • Harassment
  • Simple Assault
  • Aggravated Assault
  • Strangulation
  • Aggravated Assault by Vehicle
  • Robbery
  • Kidnapping
  • Manslaughter
  • Murder

Common Terms used in Violent Crime Cases

“911 call.” A transmission of information via a telecommunications device to a public safety answering point for the initial reporting of police, fire, medical, or other emergencies.

“Alcoholic liquid.” A substance containing liquor, spirit, wine, beer, malt, or brewed beverage, or any combination thereof.

“Bodily injury.” Impairment of physical condition or substantial pain.

“Campus security officer.” An employee of an institution of higher education charged with maintaining the safety and security of the property of the institution and the individuals on the property.

“Caretaker.” Any person who: Is an owner, operator, manager, or employee of any of the following: A nursing home, personal care home, assisted living facility, private care residence, or domiciliary home. A community residential facility or intermediate care facility for a person with mental disabilities. An adult daily living center. A home health service provider whether licensed or unlicensed. An entity licensed known as the Health Care Facilities Act. Provides care to a care-dependent person. Has an obligation to care for a care-dependent person for monetary consideration. Is an adult who resides with a care-dependent person and who has a legal duty to provide care or who has voluntarily assumed an obligation to provide care because of a familial relationship, contract, or court order. Is an adult who does not reside with a care-dependent person but who has a legal duty to provide care or who has affirmatively assumed responsibility for care or who has a responsibility by contract or court order.

“Communicates.” Conveys a message without the intent of legitimate communication or address by oral, nonverbal, written, or electronic means, including telephone, electronic mail, Internet, facsimile, telex, wireless communication, or similar transmission.

“Course of conduct.” A pattern of actions composed of more than one act over a period of time, however short, evidencing a continuity of conduct. The term includes lewd, lascivious, threatening, or obscene words, language, drawings, caricatures, or actions, either in person or anonymously. Acts indicating a course of conduct which occur in more than one jurisdiction may be used by any other jurisdiction in which an act occurred as evidence of a continuing pattern of conduct or a course of conduct.

“Drug.” A controlled substance or drug as defined in The Controlled Substance, Drug, Device, and Cosmetic Act.

“Emergency services personnel.” Individuals, including a trained volunteer or a member of the armed forces of the United States or the National Guard, whose official or assigned responsibilities include performing or directly supporting the performance of emergency medical and rescue services or firefighting.

“Emotional distress.” A temporary or permanent state of mental anguish.

“Family or household member.” Spouses or persons who have been spouses, persons living as spouses or who lived as spouses, parents and children, other persons related by consanguinity or affinity, current or former sexual or intimate partners or persons who share biological parenthood.

“Financial institution” means a bank, trust company, savings trust, credit union, or similar institution.

“Firearm.” Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or the expansion of gas therein.

“Fireman.” Include any employee or member of a municipal fire department or volunteer fire company.

“Hijacking.” Any unlawful or unauthorized seizure or exercise control, by force or violence or threat of force or violence.

“Institution of higher education” or “institution.” An institution located within this Commonwealth authorized to grant an associate or higher academic degree.

“Instrument of crime.” Any of the following: Anything specially made or specially adapted for criminal use or anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

“Intentional Killing.” Killing by means of poison, oy by lying in wait, or by any other kind of willful, deliberate, and premeditated killing.

“Law enforcement officer.” An individual who, by virtue of the individual's office or public employment, is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses, or an individual on active State duty under 51 Pa.C.S. § 508 (relating to active duty for emergency). The term shall have the same meaning as the term “peace officer.”

“Legal entity.” An individual, partnership, unincorporated association, corporation, or governing authority.

“Minor.” An individual younger than 18 years of age.

“Organization.” Any of the following: (1) A fraternity, sorority, association, corporation, order, society, corps, club or service, social or similar group, whose members are primarily minors, students, or alumni of the organization, an institution or secondary school. (2) A national or international organization with which a fraternity or sorority or other organization as enumerated under paragraph (1) is affiliated.

“Parent.” The natural parent, stepparent, adoptive parent, or guardian of a minor.

“Perpetration of a felony.” The act of the Defendant in engaging in or being an accomplice in the commission of, or an attempt to commit, or flight after committing, or attempting to commit robbery, rape, or deviate sexual intercourse by force or threat of force, arson, burglary, or kidnapping.

“Principal.” A person who is the actor or perpetrator of the crime.

“Private care residence.” A private residence: in which the owner of the residence or the legal entity responsible for the operation of the residence, for monetary consideration, provides or assists with or arranges for the provision of food, room, shelter, clothing, personal care or health care in the residence, for a period exceeding 24 hours, to fewer than four care-dependent persons who are not relatives of the owner; and which is not required to be licensed as a long-term care nursing facility. This term does not include domiciliary care or a facility that provides residential care for fewer than four care-dependent adults and which is regulated by the Department of Human Services.

“Secondary school.” A public or private school within this Commonwealth that provides instruction in grades 7 through 12 or a combination of grades 7 through 12.

“Serious bodily injury.” Bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

“Seriously disparaging statement or opinion.” A statement or opinion which is intended to and under the circumstances is reasonably likely to cause substantial emotional distress to a child of the victim's age and which produces some physical manifestation of the distress.

“Student.” An individual who attends or has applied to attend or has been admitted to an institution or secondary school.

Pennsylvania allows for Forfeiture of Property in Hazing Cases

Pennsylvania allows the Commonwealth to seize items for forfeiture in certain Hazing cases. This allows the Commonwealth to direct any individual or organization convicted of Aggravated Hazing or Organizational Hazing to forfeit any property which was involved in the violation. The rules and procedures for forfeitures in Hazing cases are the same as set out in the Asset Forfeiture statutes.

Defenses Prohibited in Pennsylvania Hazing Cases

Pennsylvania has a statute that specifically prohibits the use of certain defenses by a person, institution, or organization, charged with any Hazing offense. The law prohibits using the fact that the minor or the student’s consent to the conduct was sought or obtained as a defense to Hazing charges. The law also prohibits using the fact that the conduct was sanctioned or approved by the institution, secondary school, or organization as a defense to Hazing charges.

Pennsylvania does have a Safe Harbor Statute in Hazing Cases

Pennsylvania does have in place a Safe Harbor Statute that protects individuals in a Hazing case. If you qualify under this statute you will be granted immunity for helping another seek medical attention and will not be prosecuted for an offense of Hazing if all of the following can be established:

(1) A law enforcement officer first became aware of your violation of this chapter because you placed a 911 call or contacted campus security, police, or emergency services, based on a reasonable belief that another individual needed immediate medical attention to prevent death or serious bodily injury.

(2) You reasonably believed that you were the first person to make a 911 call or contact campus security, police, or emergency services and report that an individual needed immediate medical attention to prevent death or serious bodily injury.

(3) You provided your own name to the 911 operator or equivalent campus security officer, police, or emergency services personnel.

(4) You remained with the individual needing medical assistance until a campus security officer, police, or emergency services personnel arrived and the need for your presence had ended.

There can also be immunity the person who needed medical attention, Pennsylvania also provides immunity for the person who needed medical attention for the offense of Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages if another person against whom probable cause exists to charge for an offense of Hazing reported the incident and remained with the person in need of medical attention, and the other individual qualifies for a safe harbor under this section.

The immunity provided by the safe harbor provisions is not available where:

(1) Law enforcement learns of the offense prior to and independent of the action of the person seeking or obtaining emergency assistance.

(2) There is an investigation, arrest, charge, or prosecution of an individual for a crime other than Hazing or the offense of Purchase, Consumption, Possession or Transportation of Liquor or Malt or Brewed Beverages.

(3) The safe harbor provisions do not apply to the admissibility of evidence in connection with the investigation and prosecution for a crime other than Hazing or the offense of Purchase, Consumption, Possession or Transportation of Liquor Or Malt or Brewed Beverages.

(4) The safe harbor provisions do not bar the admissibility of evidence in connection with the investigation and prosecution of a crime regarding another defendant who does not independently qualify for a safe harbor under this statute.

Violent Crimes-Questions & Answers

How does Pennsylvania define the crime of Harassment?

A person is guilty of Harassment in Pennsylvania if they, with intent to harass, annoy, or alarm another, do any of the following:

(1) strike, shove, kick, or otherwise subject the other person to physical contact, or attempts or threatens to do the same.

(2) follow the other person in or about a public place or places.

(3) engage in a course of conduct or repeatedly commit acts which serve no legitimate purpose.

(4) communicate to or about such other person any lewd, lascivious, threatening, or obscene words, language, drawings, or caricatures.

(5) communicate repeatedly in an anonymous manner.

(6) communicate repeatedly at extremely inconvenient hours; or

(7) communicate repeatedly in a manner other than specified in paragraphs (4), (5), and (6).

The charges for this offense are graded as follows. For a violation of paragraphs 1, 2, or 3 the grading is a summary offense. Unless these violations occurred with a person who has a Protection from Abuse Order against you and this Protection from Abuse Order has been previously violated then these offenses are increased in grading by one degree. For a violation of paragraphs 4, 5, 6, or 7 the grading shall be a Misdemeanor of the Third degree.

This charge can be brought by the Commonwealth in either the place in which the actions/communication are deemed to have been committed or from the county in which the communication/action originated, this includes all counties where an incident may have been committed or may have originated.

How does Pennsylvania define the crime Cyber Harassment of a Child?

A person is guilty of Cyber Harassment of a Child in Pennsylvania if they, with intent to harass, annoy or alarm another, engages in a continuing course of conduct of making any of the following electronic communications directly to a child or by publication through any electronic social media service:

(1) a seriously disparaging statement or opinion about the child’s physical characteristics, sexuality, sexual activity or mental or physical health or condition or

(2) any threat to inflict harm.

The grading of this offense shall be a Misdemeanor of the Third degree. However, if the person is a juvenile as well, then they will have the opportunity to participate in a diversionary program or Consent Decree. Which may include educational programs about legal and non-legal consequences of cyber harassment. Upon successful completion, the charges shall be expunged from the juvenile’s record.

This charge can be brought by the Commonwealth in either the place in which the actions/communication are deemed to have been committed or from the county in which the communication/action originated, this includes all counties where an incident may have been committed or may have originated.

How does Pennsylvania define the crime of Simple Assault?

A person is guilty of Simple Assault in Pennsylvania if they attempt to cause, or intentionally, knowingly, or recklessly cause bodily injury to another; or negligently cause bodily injury to another with a deadly weapon; or attempt by physical menace to put another in fear of imminent serious bodily injury; or conceal or attempt to conceal a hypodermic needle on themselves and intentionally or knowingly this needle penetrates an officer during the course of an arrest or any search of the person.

The grading of this offense shall be a Misdemeanor of the Second degree. However, if the person was engaged in a fight entered by mutual consent this will be charged as a Misdemeanor of the Third degree. If the offense occurs with a child under the age of 12 by a person 18 years of age or older the offense will be graded as a Misdemeanor of the First degree.

How does Pennsylvania define the crime Aggravated Assault?

The crime of Aggravated Assault covers many different actions on the part of the accused.

A person can be charged with Aggravated Assault if they attempt to cause serious bodily injury to another person, or cause serious bodily injury to another person, either intentionally, knowingly, or recklessly under circumstances manifesting extreme indifference to the value of human life. This offense is graded as a Frist-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt to cause, or intentionally, knowingly, or recklessly, cause serious bodily injury to any of the officer, agent, employee or other person enumerated in the statute, or to an employee of an agency, company, or other entity engaged in public transportation, while in the performance of duty. A list of enumerated persons is set forth below. This offense is graded as a Frist-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt to cause, or intentionally, or knowingly, cause bodily injury to any of the officer, agent, employee, or other enumerated people in the performance of their duties. This offense is graded as a Second-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt to cause, or intentionally, or knowingly, cause bodily injury to another person, with a deadly weapon. This offense is graded as a Second-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt to cause, or intentionally, or knowingly, causes bodily injury to a teaching staff member, school board member, or other school employees, including a student employee, of any elementary or secondary publicly-funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while the person injured is acting in the scope of their employment or because of their employment relationship to the school. This offense is graded as a Second-Degree Felony.

A person can also be charged with Aggravated Assault if they attempt by physical menace to put any of the officer, agent, employee, or other enumerated people, while in the performance of duties, in fear of imminent serious bodily injury. This offense is graded as a Second-Degree Felony.

A person can also be charged with Aggravated Assault if they use tear or noxious gas as defined by statute, or use an electric or electronic incapacitation device, against any officer, employee or other enumerated people while that person is acting in the scope of their employment. This offense is graded as a Second-Degree Felony.

A person, who is over 18 years of age, can also be charged with Aggravated Assault if they attempt to cause, or intentionally, knowingly, or recklessly, cause bodily injury to a child less than six years of age. This offense is graded as a Second-Degree Felony.

A person, who is over 18 years of age, can also be charged with Aggravated Assault if they attempt to cause, or intentionally, knowingly, or recklessly, cause serious bodily injury to a child less than 13 years of age. This offense is graded as a Frist-Degree Felony.

Enumerated persons: Police officer, Firefighter, County adult probation or parole officer, County juvenile probation or parole officer, an agent of the Pennsylvania Board of Probation and Parole, Sheriff, Deputy sheriff, Liquor control enforcement agent, Officer or employee of a correctional institution, county jail or prison, juvenile detention center or any other facility to which the person has been ordered by the court pursuant to a petition alleging delinquency, Judge of any court in the unified judicial system, the Attorney General, deputy attorney general, a District attorney, assistant district attorney, public defender, assistant public defender, Federal law enforcement official, State law enforcement official, local law enforcement official, any person employed to assist or who assists any Federal, State or local law enforcement official, emergency medical services personnel, parking enforcement officer, magisterial district judge, constable, deputy constable, psychiatric aide, teaching staff member, a school board member or other employee, including a student employee, of any elementary or secondary publicly funded educational institution, any elementary or secondary private school licensed by the Department of Education or any elementary or secondary parochial school while acting in the scope of his or her employment or because of his or her employment relationship to the school, Governor, Lieutenant Governor, Auditor General, State Treasurer, Member of the General Assembly, employee of the Department of Environmental Protection, an individual engaged in the private detective business, an employee or agent of a county children and youth social service agency or of the legal representative of such agency, a public utility employee or an employee of an electric cooperative, a wildlife conservation officer or deputy wildlife conservation officer of the Pennsylvania Game Commission, and a waterways conservation officer or deputy waterways conservation officer of the Pennsylvania Fish and Boat Commission.

How does Pennsylvania define the crime of Assault of Law Enforcement Officer?

Assault of Law Enforcement Officer is a crime that can be charged in Pennsylvania where someone attempts to cause, or intentionally, or knowingly, causes bodily injury to a law enforcement officer, by discharging a firearm. The offense can only be charged for actions that occur while the officer is engaged in the performance of their duties, and, where the person knows the victim is a law enforcement officer.

This offense is graded as a Felony of the First Degree. A person convicted of this offense faces a maximum sentence of up to 40 years of incarceration.

How does Pennsylvania define the crime of Strangulation?

Strangulation is a crime in Pennsylvania. A person can be charged with strangulation if they knowingly, or intentionally, impede the breathing or circulation of the blood of another person by applying pressure to the throat or neck or by blocking the nose and mouth of the person. This offense can be charged where there are no physical injuries. The crime specifically states that the lack of physical injuries is not a defense. There is an affirmative defense if the alleged victim consented to the actions.

This offense is generally graded as a Misdemeanor of the Second degree. The grading can be increased under certain circumstances. If the offense is committed against a family or household member, a caretaker against a care-dependent person, or in conjunction with sexual violence or stalking the offense is graded as a Felony of the Second Degree. If the victim is currently being protected from the Defendant by a Protect From Abuse order (PFA) or Protection From Intimidation order (PFI), if an instrument of crime is used during the offense, or if the defendant has been previously convicted of this offense or any similar offense in another jurisdiction, the offense is graded as a Felony of the First Degree.

How does Pennsylvania define the crime of Robbery?

Robbery is the crime charged where, in the course of committing a theft, a person engages in the use of force or the threat of force. The offense can be charged where during the course of committing a theft a person inflicts serious bodily injury upon another. It can also be charged where during the course of committing a theft a person threatens another with or intentionally puts another in fear of, immediate serious bodily injury. The offense can also be charged where during the course of committing a theft a person commits or threatens to immediately commit, any felony of the first or second degree in the crimes code. Robbery can also be charged where during the course of committing a theft a person inflicts bodily injury on another person or threatens another with or intentionally puts them in fear of immediate bodily injury. Robbery can also be charged where a person physically takes or removes property from the person of another by force however slight. Finally, Robbery can be charged where a person takes or removes the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution, either orally or in writing, with the intent to deprive the financial institution.

The phrase “course of committing a theft” has a specific meaning under the statute includes any attempt to commit a theft, as well as time after the theft during which the person flees from the theft or attempted theft.

This offense is graded as a Felony of the Third Degree if the person is alleged to have physically taken or removed property from another person by force however slight.

This offense is graded as a Felony of the Second Degree if the person is alleged to have inflicted bodily injury upon another, or if they threatened another with or intentionally puts them in fear of immediate personal injury, or if they took or removed the money of a financial institution without the permission of the financial institution by making a demand of an employee of the financial institution orally or in writing with the intent to deprive the financial institution.

This offense is graded as a Felony of the First Degree if the person is alleged to have inflicted serious bodily injury upon another, threatened another with or intentionally put them in fear of immediate serious bodily injury, or if the person committed or threatened to immediately commit any felony of the first or second degree. It is also graded as a Felony of the First Degree if the object of the theft is a controlled substance or designer drug.

How does Pennsylvania define the crime of Unlawful Restraint?

A person can be charged with the crime of Unlawful Restraint if they unlawfully restrain another person in circumstances exposing them to risk of serious bodily injury or if they hold another person in a condition of involuntary servitude.

This offense is generally graded as a Misdemeanor of the first degree. However, if the victim is under the age of 18, the offense is graded as a Felony of the second degree.

How does Pennsylvania define the crime of Hazing?

There are different crimes that can be charged when hazing is alleged. The basic charge is called “Hazing”. There are also crimes for “Aggravated Hazing”, “Organizational Hazing”, and “Institutional Hazing”.

A person can be charged with the crime of Hazing if they intentionally, knowingly, or recklessly engage in conduct to initiate, admit or affiliate a minor or a student into or with an organization, or if they engage in conduct to continue or enhance a minor’s or a student’s membership or status in an organization, which causes, coerces, or forces the minor or the student to do any of the following:

1) Violate a Federal or a State criminal law.

2) Consume any food, liquid, alcoholic liquid, drug, or other substance, that subjects the minor or the student to a risk of emotional or physical harm.

3) Endure brutality of a physical nature, including whipping, beating, branding, calisthenics, or exposure to the elements.

4) Endure brutality of a mental nature, including activity adversely affecting the mental health or dignity of the individual, sleep deprivation, exclusion from social contact, or conduct that could result in extreme embarrassment.

5) Endure brutality of a sexual nature.

6) Endure any other activity that creates a reasonable likelihood of bodily injury to the minor or the student.

This offense is graded as a Summary. However, if the hazing results in bodily injury or creates a reasonable likelihood of bodily injury then the offense is graded as a Misdemeanor of the third degree.

The statute specifically excludes any reasonable and/or customary athletic, law enforcement, or military training, contests, competitions, or events, from being considered as hazing.

How does Pennsylvania define the crime of Aggravated Hazing?

Aggravated Hazing is charged when a person commits a violation of the Hazing statute and where the victim of the hazing suffers serious bodily injury or death and either of two special circumstances are present. The two special circumstances are:

1) The person doing the hazing acted with “reckless indifference” to the victim’s health and safety.

2)The person doing the hazing caused, coerced, or forced the victim of the hazing to consume liquid alcohol or drugs.

This offense is graded as a felony of the third degree.

How does Pennsylvania define the crime of Organizational Hazing?

An organization can be charged with the crime Organizational Hazing if it intentionally, knowingly, or recklessly, promotes or facilitates a violation of the Hazing or Aggravated Hazing statutes.

An “organization” is defined by statute as:

Any of the following:

(1) A fraternity, sorority, association, corporation, order, society, corps, club, or service, social or similar group, whose members are primarily minors, students, or alumni of the organization, an institution or secondary school.

(2) A national or international organization with which a fraternity or sorority or other organization as listed under paragraph (1) is affiliated.

If found guilty of this offense, the Organization can be punished by a fine of up to $5,000 for each violation of the Hazing statute and by a fine of up to $15,000 for each violation of the Aggravated Hazing statute. The statute also allows the Court to order any other sanctions or relief as the Court believes to be fair.

How does Pennsylvania define the crime of Institutional Hazing?

An Institution can be charged with a crime related to Hazing that occurs at that Institution. The crime of Institutional Hazing can be charged if an institution intentionally, knowingly, or recklessly promoted or facilitated a violation of the Hazing statute or a violation of the Aggravated Hazing statute.

An “Institution” is defined by statute as “An institution located within this Commonwealth authorized to grant an associate or higher academic degree”

If the Institution is found guilty of this offense, it is punished by a fine against the Institution of not more than $5,000 for each violation of the Hazing statute or a fine of not more than $15,000 for each violation of the Aggravated Hazing statute.

How does Pennsylvania define the crime of Terroristic Threats?

A person can be charged with Terroristic Threat in Pennsylvania if they communicate, either directly or indirectly, a threat to commit a crime of violence under the following circumstances:

1. The treat was made with the intent to terrorize another person. Or,

2. The threat was made with the intent to cause an evacuation of a building, place of assembly, or facility of public transportation. Or,

3. The treat was made with the intent to cause serious public inconvenience or cause terror, or serious public inconvenience, with reckless disregard of the risk of causing such terror or inconvenience.

The offense is usually graded as a Misdemeanor of the First Degree. However, if the threat causes the occupants of the building, place of assembly, or facility of public transportation to be evacuated or otherwise diverted from their normal or customary operations the offense is graded a Felony of the Third Degree.

In addition to any other sentence imposed or restitution ordered on a person convicted of Terroristic Threats, the judge can order that they pay restitution in an amount equal to the cost of any evacuation which resulted from the threat, including, but not limited to, fire and police response; emergency medical service or emergency preparedness response; and transportation of an individual from the building, place of assembly, or facility.

How does Pennsylvania define the crime of Criminal Homicide?

In Pennsylvania, Criminal Homicide is present when someone intentionally, knowingly, or negligently causes the death of another human being.

Pennsylvania classifies Criminal Homicide as Murder, Voluntary Manslaughter, or Involuntary Manslaughter depending on the specific circumstances present at the time of the offense.

How does Pennsylvania define the crime of Murder?

Pennsylvania separates Murder into three different degrees.

First Degree Murder is charged when a Criminal Homicide is committed by an intentional killing. This offense is graded as Murder of the First Degree and is punishable by incarceration for life without the possibility for parole or death if certain aggravating factors are present.

Second Degree Murder is charged when a Criminal Homicide is committed while the actor was engaged, as either the principal or accomplice, in the commission of a felony offense. The “felony offense”, for purposes of Second Degree Murder, are limited to Robbery, Rape, Deviate Sexual Intercourse by Force or Threat of Force, Arson, Burglary, or Kidnapping. This offense is graded as Murder of the Second Degree and is punishable by incarceration for life without the possibility for parole.

Third Degree Murder is charged when a Criminal Homicide is committed in any other manner.This offense is graded as a Felony of the First degree and is punishable by incarceration of up to 40 years and a fine of up to $50,000.

A person can also be charged with “Inchoate Murder” where they are accused of attempting to commit murder, or soliciting another to commit murder, or conspiring with another to commit murder. The possible penalty for those offenses depends on whether the victim suffered serious bodily injury. If serious bodily injury is present the offense is punishable by incarceration of up to 40 years and a fine of up to $50,000. If no serious bodily injury is present the offense is punishable by incarceration of up to 20 years and a fine of up to $50,000.

How does Pennsylvania define the crime of Voluntary Manslaughter?

Voluntary Manslaughter is present when a person kills an individual without lawful justification and at the time of the killing the person acted under a sudden and intense passion resulting from serious provocation by the individual killed.

Voluntary Manslaughter also is present when a person tries to kill an individual without lawful justification and at the time of the killing the person acted under a sudden and intense passion resulting from serious provocation by the person who was the intended target of the killing, but the person negligently or accidentally causes the death of some other person instead.

Voluntary Manslaughter is also present where a person intentionally or knowingly kills someone with the belief that the killing is justified, but that belief is determined to be unreasonable under the circumstances.

This offense is graded as a Felony of the First Degree. It is punishable by incarceration of up to 20 years and a fine of up to $25,000.

How does Pennsylvania define the crime of Involuntary Manslaughter?

Involuntary Manslaughter charges can be filed by the Commonwealth where someone causes the death of another person by doing an act in a reckless or grossly negligent manner. It does not matter if the act is lawful or not, if done in a reckless or grossly negligent manner and someone dies as a result you can be charged by the Commonwealth with Involuntary Manslaughter.

This offense is usually graded as a Misdemeanor of the First Degree. However, if the victim is under the age of 12 and was in the care, custody, or control of the person who caused the death, the offense is graded as a Felony of the First Degree.

How does Pennsylvania define Criminal Homicide of a Law Enforcement Officer?

This offense is broken down into two categories each with two degrees.

You are guilty of Criminal Homicide of a Law Enforcement Officer of the first degree if you are the person who intentionally commits the murder of a law enforcement officer while in the performance of their duties and you know the victim is a law enforcement officer.

You are guilty of Manslaughter of a Law Enforcement Officer of the first degree if you without lawful justification commits the murder of a law enforcement officer while in the performance of their duties and you know the victim is a law enforcement officer. If at the time of the killing you are acting under sudden and intense passion resulting from serious provocation by the victim killed, or from sudden and intense passion resulting from serious provocation by another individual whom you attempted to kill, but instead negligently or accidentally caused the death of the victim. Or if at the time of the killing you believe the circumstances to be such that, if they existed, would justify the killing under, but this belief is deemed unreasonable. This offense is graded as a Felony of the first degree.

You are guilty of Criminal Homicide of a Law Enforcement Officer of the second degree if you are engaged as a principal or an accomplice in the perpetration of a felony during which a law enforcement officer is killed while in the performance of their duty.

You are guilty of Manslaughter of a Law Enforcement Officer of the second degree if you as a direct result of the doing of an unlawful or lawful act in a reckless or grossly negligent manner, cause the death of a law enforcement officer while in the performance of duty and you knew or should have known the victim was a law enforcement officer. This offense is graded as a Felony of the second degree.

How does Pennsylvania define the crime of Kidnapping?

A person can be charged with Kidnapping in Pennsylvania if they unlawfully remove another a substantial distance from the place where they are found, or if they unlawfully confine another for a substantial period in a place of isolation, with the intention of any of the following; to hold the person for ransom or reward, or to use them as a shield or hostage; to facilitate the commission of any felony or flight thereafter; to inflict bodily injury on or to terrorize the victim or another, or to interfere with the performance by public officials of any governmental or political function.

Removal or confinement is unlawful if the removal or confinement is done by force, threat, deception, where the person is incapacitated when it is accomplished, or without the consent of a parent, guardian, or another person responsible for the victim’s general welfare.

Kidnapping is graded as a felony of the first degree.

How does Pennsylvania define the crime of False Imprisonment?

A person commits the crime of False Imprisonment if they knowingly restrain another unlawfully and interfere substantially with their liberty.

This offense is generally graded as a Misdemeanor of the Second Degree. However, If the victim is under the age of 18 and the person committing the offense is a parent of the child, the offense is graded as a Felony of the second degree. If the victim is under the age of 18 and the person committing the offense is not a parent of the child, the offense is still graded as a Felony of the Second Degree. In this situation, there is a higher Offense Gravity Score assigned to the offense, which would increase the standard range of incarceration if the person were to be convicted of the offense.

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A wealth of information about Pennsylvania DUI law, along with questions and answers, can be found below. If you are facing DUI charges, use the buttons below to contact us and benefit from our expertise and experience.

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Manchester and Associates

1-(800)-243-4878
124 West Bishop Street
Bellefonte, PA, 16823

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Manchester & Associates
Manchester & Associates
5.0
Based on 186 reviews
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Steve
Steve
13:34 17 Oct 22
Brian has been my attorney for years. There is nobody else I would entrust with my legal concerns. His knowledge of... the law and tenacity in the courtroom is second to none. He has never let me down and made me feel confident when the law got it wrong. His team is awesome and professional. Don’t waste your time, money, and freedom with anyone else. Manchester to the rescue.read more
Rachael Lee
Rachael Lee
14:26 13 Oct 22
I had several lawyers tell me I was screwed before I talked to Brian Manchester. I hired Brian after the first phone... call. Not only did he sound like he knew all the ins and outs but he provided me with hope when I was hopeless. Hiring Brian was probably the smartest decision I’ve made. Without him I would have been charged with not one, but two DUIs. With him, my case was dismissed and my record and future prospects are untouched. He’s extremely intelligent and strategic. He kept me updated and reassured throughout the whole process. He’s also pretty funny when he’s not ready to destroy the court room. It was such a pleasure, as much as I enjoyed our time together I’m so thankful our time has come to an end! Case dismissed! Thank you isn’t enough! Forever grateful for this man and his services! I know who's name I’ll be handing out when someone needs the best lawyer in the game…read more
Ariel Zattoni
Ariel Zattoni
22:57 07 Oct 22
Brian Manchester did a wonderful job representing me in court. Thoroughly went through everything with me about my case... to better my understanding and paid very well attention in the court room when dealing with my hearing. He actually caught a slip up on the other sides behalf which would have resulted my outcome to be a little different. Thankfully because of his knowledge and experience, he helped me receive the best possible outcome for my case. Thank you for helping me during this time. It is very much appreciated!read more
Christopher Mills
Christopher Mills
20:44 07 Sep 22
Brian Manchester is an expert in his field, and it shows. From the initial consultation, I was put at ease as he... explained the nuances of the case and his strategy. Brian got me the best outcome possible and had great prompt communication the whole time. There were no surprises.read more
Wayne Markel
Wayne Markel
23:12 16 Aug 22
Manchester and Associates has been extremely helpful in a number of legal matters. I have full confidence is the... complete team and will continue using their services!!!! A personal thank to them all!!!!read more
dirtluvr
dirtluvr
22:43 02 Aug 22
I was very pleased with the handling of my case. Everyone at Manchester and Associates were very kind and helpful. I... would recommend their services.read more
Jim Cistone
Jim Cistone
12:00 13 Jul 22
I was referred to Brian by my local attorney when charges were filed against me. Brian immediately sprung into action... and got me through some difficult times. I enjoyed collaborating with him as my defense developed, and he capably guided the defense in a manner to achieve our goals. While I hope that I never have to see him again, I will truly miss working with him. He kept the defense on target in spite of my wanting to go off on tangents. Brian saved my life, and I owe him a debt of gratitude for that.read more
Timothy Griffiths
Timothy Griffiths
20:43 09 Jul 22
About 8 months ago I found myself between a Rock and a hard place and I knew that I was going to need to find myself a... Good Attorney so after getting a recommendation and doing some research l called Manchester and Associates and talked to Brian , he was very knowledgeable honest and straight to the point and he immediately took over the rein's and took care of business.... having Brian represent you in the courtroom compared to other attorneys is like comparing a Lamborghini to a station wagon , there is no comparison.....l am very pleased with the results that he got for me . So if you find yourself between a rock and a hard place l highly recommend that you get in touch with him immediately , he is a top notch attorney and he is good at what he does . You won't be disappointed .read more
Andrew Carlson
Andrew Carlson
16:14 16 Jun 22
Helped me outta the worst hole I've ever found myself in. Would always explain so you can understand. Is very good at... working with your schedule and understands how hard people work and wanna get the past behind them. I had 2 duis in under a year and felt like it was never gonna end. Brian got me 45 days house arrest and some extended probation. I feel like I actually have a chance to put it behind me would thank him a thousand times. This guy is smart and knows time is importantread more
Lacy Pollick
Lacy Pollick
19:35 13 Jun 22
I hired Brian as soon as I spoke with him on the phone. He handled my case and navigated me through the whole process.... He was super helpful and helped me with any questions I had. Also down to earth and kind to speak with. I highly recommend Brian Manchester and his firm.read more
Jack Marchioni
Jack Marchioni
18:29 08 Jun 22
Brian and his team are FANTASTIC! They promptly get on the case and answer any questions you have ASAP. Brian really... helped me out, and now I am avoiding any legal issues for my future & career goals. He explained every option thoroughly and provided solid advice moving forward in my case. If you are honest with Brian and his team, they will do everything they can to protect you and your criminal background.read more
Eric
Eric
13:21 01 Jun 22
Would highly recommend Brain and his associates, he has help guide me through my 3rd DUI and through his hard work and... guidance I was able to stay out of jail and receive house arrest instead with work release.. when i could have been facing 6 months to 2 years in jail. He was also able to keep a felony off my record.read more
Ewa Maddox
Ewa Maddox
20:42 26 Apr 22
Brian is very knowledgeable and awesome at doing his job….and he does it well. I was super impressed on how dedicated... and available he is to respond and act on questions or concerns. I highly recommend Brian Manchester’s lawyer expertise.read more
Scott Hall
Scott Hall
18:24 01 Apr 22
Brian Manchester is a true professional! I am from outside PA. When I received my charges I knew I needed a really good... lawyer. I started with an internet search and came up with a list of lawyers that could handle my case. I did some research on them and Brian came up well recommended. So I called his firm. I explained my case to the staff member that answered the phone. They then put Brian on the phone. After talking to him for a few minutes, I felt very comfortable with him handling my case, so I hired him on the spot. He and his staff were very easy to work with. In the end he got me the best results I could hope for! I would highly recommend him to anyone who needs a great criminal defense lawyer!read more
Cheyenne Kauffman
Cheyenne Kauffman
16:10 14 Mar 22
Brian Manchester did an amazing job with my case. He was thorough, kept me up to date, and was wonderful at getting... charges dropped/outcome we wanted. I’d recommend him to anyone!read more
David Brown
David Brown
18:42 09 Mar 22
I knew that I needed the best lawyer because of the circumstances that led to my charges. Brian understood my... circumstances and frankly, he did amazing. Most of all, not only did he know the court system, he was able to obtain the best course of action for my interest. He goes above and beyond the definition of a professional!read more
Angel Gil
Angel Gil
15:30 18 Feb 22
Brian is the man for the job. He knows best through any situation. My money is on him to get the job done. Got an... amazing outcome on a tricky situation I’m pleased with his representation and I think anybody who hires him will be aswell!read more
Connie Paige
Connie Paige
18:09 14 Feb 22
Brian and his team were excellent to work with. Any time we had a question, he or one of his team would respond in a... timely manner. He did the best he could with the circumstances he was given to the case.read more
Patrick Bickford
Patrick Bickford
17:42 11 Feb 22
Brian is a big time lawyer with a hometown feel. Very knowledgeable and thorough. He came highly recommended and did... not disappoint. Thank you, sir on a nearly impossible job well done!read more
Nick
Nick
21:43 16 Dec 21
Brian is a phenomenal lawyer and assisted me with great conviction.The outcome was desirable and will allow me to... pursue my dreams. Throughout the process, he was very responsive and accounted for all circumstances. I highly recommend him.read more
Craig Reinstein
Craig Reinstein
14:08 15 Dec 21
Exceptional attorney. Very professional and thorough. Can't thank you enough!!!
Karen Moseley
Karen Moseley
23:48 02 Dec 21
Manchester and associates did an excellent job representing my daughter in a case and the outcome was wonderful. They... were very informative and kept us up to date until it was settled. Could not have asked for a better attorney. Thank youread more
crystal hesketh
crystal hesketh
15:36 09 Nov 21
Brian definitely goes ABOVE AND BEYOND. He doesn’t take a case if he don’t feel he can win. He answers phone calls. ... Emails etc in a fashionable manner. Very promptly! You need him on a Saturday or a Sunday. Trust believe you can call him and he will return your call asap, no matter what day it is! He won’t make you a promise that he can’t keep! When I say he goes above and beyond. He truly does ! Brian is A+++++++ Call him today , you won’t be disappointed ! He fights to win if need be !!read more
Wayne
Wayne
11:11 28 Sep 21
Total confidence in his skills and expertise. I know of none better and you can be certain, the Judge's and Prosecutors... know he is prepared and zealously represents his clients. I'm glad he is in my corner. Thanks Brianread more
Trevor Williams
Trevor Williams
22:41 27 Sep 21
Mr. Manchester is a straight forward dedicated attorney. He kept me well informed throughout the entire process and got... me results that were next to impossible. I owe my future to him. Thank you for everything you did for me.read more
gen kerr
gen kerr
21:52 27 Sep 21
Very knowledgeable about the law and proper and thorough investigating. He doesn't leave a stone unturned. Got great... results for my son and did what 2 previous attorneys said couldn't be done.read more
Logan McGovern
Logan McGovern
14:32 18 Sep 21
Very Professional in and out of the court room. Also truly cares about his cases. I had him 3 years ago almost 4 now.... He remembered me an my case almost like it was yesterday. All without having a computer to pull it up and look at it on. Not to many others would have even remembered me let alone my cases as well.read more
Angela Kovschak
Angela Kovschak
17:18 14 Sep 21
Manchester & Associates don’t only work Monday-Friday 8-5They provided service weekends & holidays for which I am... forever gratefulread more
TjTally
TjTally
01:44 15 Jul 21
Excellent attorney. He did a great job for me in the courts. Very professional, Very knowledgeable. If your looking... for a job to be done thoroughly with a fine toothed comb.. Hes the guy hands down. He found me better results than expected. Super grateful. Thank You Mr Manchester.read more
Chip Siegel
Chip Siegel
22:38 08 Jul 21
I am an attorney in Las Vegas Nevada and worked with Brian Manchester on a case. He provided great assistance and his... ideas on how to attack the blood test helped me achieve a better than expected result for my client. I found Brian responsive, resourceful, and determined, all great qualities in an attorney. If I needed to refer anyone for legal assistance in Central PA, I will definitely refer them to Brian.read more
Deb Capadona
Deb Capadona
22:05 05 Jul 21
Brian Manchester has a great team, knowledgeable and effective in managing our case. Highly recommend.
Jenn Newrones
Jenn Newrones
15:21 26 Jun 21
Mr. Manchester represented my uncle and made sure that our family was always informed and prepared for any upcoming... hearings. He was very professional and knowledgeable.read more
John Levanduski
John Levanduski
08:12 24 Jun 21
As a client of Brian Manchester and Associates, I have only good things to say of my experience with the representation... they have given me! Brian has been straight forward , open and honest with all aspects of my situation! He explained everything in detail and always responded to my concerns in a timely matter, which helped tremendously during this ordeal! He also understood the concerns of my family and treated them with the utmost respect! For that I am appreciative! I would highly recommend Brian Manchester and Associates to those needing a great law firm!read more
Ann Marie Messner
Ann Marie Messner
13:57 10 Jun 21
Mr. Manchester did an excellent job of defending my brother. He always kept my family informed and was knowledgeable... and persistent in bringing the case to an end with the best possible outcome.read more
Steve B
Steve B
18:01 21 Apr 21
I am an attorney in Texas, but when I need assistance in cases which require specialized scientific knowledge about lab... testing protocols, procedures, and their weaknesses, I turn to Mr. Manchester. If you have a case involving possession of a controlled substance or DWI / DUI, there is nobody better to have in your corner.read more
Chenoah Barnes
Chenoah Barnes
00:50 09 Apr 21
The whole team is amazing! Brian is always on top of things, making sure you understand things fully, and very... professional about everything. He gets things done fast! You couldn’t ask for a better lawyer!read more
Jamie Maiolo
Jamie Maiolo
19:13 23 Feb 21
Brian Manchester and his team did an excellent job of defending me in what I thought was surely a dismal situation I... had gotten myself in. They always kept me informed and offered information and guidance I had never heard of before. Professional, knowledgeable and prompt are just a few words I can truly say they impressed me the most. First class! Thank you very much for your assistance in bringing my issues to a satisfying resolve!read more
Kemi Ajayi
Kemi Ajayi
04:34 08 Jan 21
Brian Manchester is a great lawyer! Attentive, compassionate, helpful and guided me through the process with ease. My... son felt comfortable sharing his story with him and felt that they really cared. Also, the team was positive, friendly and loving. They just wanted to help. Thank you all so much for the hard work and help. I cannot thank you enough. I would highly recommend Manchester and Associates.read more
Tyler Roy
Tyler Roy
21:31 14 Dec 20
This guy is awesome! Things changed in the court room and he adapted quickly and professionally. I would highly... recommend him to anybody. I can’t say thank you enough for the work he’s done for me. He makes sure things are clear and understood for when you walk into court. Once again thank you and I would highly recommend him to anybody!!read more
rodney baker
rodney baker
23:05 24 Nov 20
Persistent ! That is the word, Brian Manchester is very persistent .He will leave no stone unturned , and fight for... justice and be sure that you don't just get a run of the mill sentence .or just lay down for what ever the DA offers, i was involved in a DUI arrest over 2 years ago ! Brian would not give up, There was many trips to the court house and every step of the way he kept me very informed .Brian's courtroom performance is very professional and at time's theatrical and dare i say entertaining ! and in the end he and I WON a victory that didn't end with being charged with DUI :)Thank you again Brian for being persistent and all that you done for me .read more
Ashley Gunnett
Ashley Gunnett
03:06 13 Nov 20
Attorney Kuebler represented me in a case that could have potentially ended in license suspension and jail time. She... was able to negotiate a deal and got all charges (including a DUI) dismissed, except for a summary offense. It was the best possible outcome. I HIGHLY recommend Manchester and Associates!read more
Olivia Matthews
Olivia Matthews
19:30 04 Nov 20
Very helpful and is a great guy. He is always in contact and has great connections. I can't thank him enough for all... the help he's given me. I highly recommend Manchester and Associates.read more
Bob Dearman
Bob Dearman
14:07 27 Oct 20
I would highly recommend Manchester & Associates to everybody. They were recommended to me by another law firm. When I... made the call to talk to them, I was pleasantly surprised when I was able to discuss my case directly with Attorney Manchester himself. We talk about what my option were, and they said it would be no problem to represent me in this case. They did not have much time to prepare before my preliminary hearing and I was instructed to look for Attorney Davidson at the hearing location a half hour before it was time. When I found Attorney Davidson he explained to me what their plan was and I also found from listening to Greg talk to other attorneys how very well versed in the law and the situation that I found myself in he was. Much to my surprise I was able to plead guilty to a much lesser misdemeanor and walked out paying less than 10% of what I could have been looking at and more important, I faced on incarceration time what so ever. They did exactly what Brian told me they would do. Again, thank you Attorney Manchester and the very knowledgeable Attorney Davidson.read more
Jimmy Figueroa
Jimmy Figueroa
10:15 30 Sep 20
This law firm help me with a bad situation and it was done within days. The best law firm I've dealt with. I highly... recommend them to anyone.read more
Becky Hemphill
Becky Hemphill
22:28 29 Sep 20
We hired Brian Manchester when my daughter was charged with crimes after being a passenger in a motor vehicle accident... when she was actually a victim. She was (and is) still recovering when she was charged. Because she was in a wheelchair and recovering, Brian came to OUR HOME in the middle of nowhere on a Saturday to meet with us. He looked at the evidence and realized her being charged at all was wrong.. He got the charges dismissed without my daughter ever stepping foot in a Courthouse, as they never should have occurred in the first place, and she is now being treated like the victim she truly is. We cannot thank him enough and would highly recommend him and his associates! He does what it takes to get the best results possible. It doesn't get better than having the charges completely dismissed and expunged. Definitely worth it.read more
Ralph Larsen
Ralph Larsen
18:34 10 Sep 20
Almost 2 years ago, I found myself in need of a lawyer to fight a case for me, that if I lost, it could've cost me my... job. When I met with Brian I was impressed with his confidence and experience on cases similar to mine. I decided to use him as my lawyer, and it was the best decision I could have made. Over the course of 2 years he stuck with my case, stayed in contact with me on new developments, and always answered any questions I had. Once we had exhausted all options on attempting to settle the case, my only option was go to trial. When I asked Brian what he thought my chances were, his response was "I don't go trial to lose." He wasn't kidding, 2 days ago Brian spent 6 hours in court on my behalf and utilizing his experience and expert witness, I was found not guilty! I am beyond grateful to Brian for his work, and would recommend him to anyone that finds themselves in need of representation.read more
Siavash Varasteh
Siavash Varasteh
18:16 16 Aug 20
Great attorney. Constantly communicates with the client about the progress at each step and more importantly, he... delivers.Tip: Don’t interrupt him when he’s talking. He’s not fond of that. Let the man finish!Overal, I highly recommend Brian.read more
Jason Franklin
Jason Franklin
00:24 30 Jul 20
Brian represented me in a case that could have turned out really bad for me. He was upfront with me about everything.... Very professional but easy to talk to and always available to answer questions. If he couldn't speak to me at that moment he promptly returned my call in a timely fashion. He was able to negotiate a deal that was better than the best possible outcome I could have asked for. he definitely knows his way around a court room and everyone in the courtroom in Lycoming County including the DA and judge had a lot of respect for him and a good working relationship with him. I could not be more pleased with his representation and the outcome he somehow negotiated for me. I can not recommend him enough. If you are in a situation like me and need a lawyer give this firm a call immediately. I promise you will not be disappointed.read more
Angela Baker
Angela Baker
20:47 16 Jul 20
I can’t say enough good things about this law firm and the attorney who represented me on two different charges. Greg... Davidson was the attorney on my cases. He kept in touch with me, he returned my phone calls and was there any time I needed assistance. If you find yourself in a position where you, unfortunately, need legal counsel, I highly recommend this law firm. They are professional, reliable, and have reasonable fees.read more
Tanya Fye
Tanya Fye
21:04 09 Jul 20
Very positive, responsive and effective. Delivered what Attorney Manchester said he could and made what was a... terrifying experience, less intrusive and invasive !! Thorough and quick response time. I was kept well informed at all times . Answered all questions in detail regardless of the amount of times that I asked , professional and courtesy!! Highly recommend!read more
Derek Ross
Derek Ross
18:56 06 Jun 20
Brian was extremely helpful with my legal issue. He always answered phone calls, texts, and emails in a timely manner.... For someone that wasn't all too familiar with how various aspects of the legal system worked, Brian did a great job communicating everything to me and offering explanations along the way. I am very happy with how he handled everything with my case and would use his services again in the future if needed.read more
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124 West Bishop Street
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1-(800)-243-4878

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