Mr. Levin was recently interviewed regarding the Valley Swim Club Civil Rights matter. Please see the video below. In addition to handling civil rights cases, Mr. Levin is a personal injury attorney and car accident lawyer.
Monday, July 20, 2009
Sunday, July 19, 2009
Car as a Deadly Weapon II
Someone ran me off the road. They did it intentionally. I want them prosecuted. They used their car as a deadly weapon. Does that help the prosecutor?
Before we get started, there was a previous post about this topic: http://philadelphiacriminaldefense.blogspot.com/2009/05/can-car-be-deadly-weapon.html .
Actually, you do NOT necessarily want to have a situation where the car is used as a deadly weapon because the assault standard of culpability is negligence, which in PA is a misdemeanor. Knowing and intentional give rise to greater culpability making it a felony assault.
Remember, in criminal law there are many different levels of culpability, intentional, knowing, reckless, negligent. The higher up the scale, the more punishment. If the person intentionally ran you off the road, that is much worse then someone acting negligently with a deadly weapon ie a car.
Your description of the facts is far worse then car as deadly weapon negligent assault.
However, in the alternative, a good prosecutor may see an opportunity to charge Aggravated Assault as a felony of the 2nd degree, which is a specific intent to cause bodily injury with a deadly weapon and a car could be that weapon under the comment in the statute.
Also, in PA there is a deadly weapon enhancement at sentencing.
Good question.
Before we get started, there was a previous post about this topic: http://philadelphiacriminaldefense.blogspot.com/2009/05/can-car-be-deadly-weapon.html .
Actually, you do NOT necessarily want to have a situation where the car is used as a deadly weapon because the assault standard of culpability is negligence, which in PA is a misdemeanor. Knowing and intentional give rise to greater culpability making it a felony assault.
Remember, in criminal law there are many different levels of culpability, intentional, knowing, reckless, negligent. The higher up the scale, the more punishment. If the person intentionally ran you off the road, that is much worse then someone acting negligently with a deadly weapon ie a car.
Your description of the facts is far worse then car as deadly weapon negligent assault.
However, in the alternative, a good prosecutor may see an opportunity to charge Aggravated Assault as a felony of the 2nd degree, which is a specific intent to cause bodily injury with a deadly weapon and a car could be that weapon under the comment in the statute.
Also, in PA there is a deadly weapon enhancement at sentencing.
Good question.
Thursday, July 9, 2009
Expungement Update Redeaux
Yesterday I wrote about the expungement update in Pennsylvania at http://philadelphiacriminaldefense.blogspot.com/2009/07/expungement-update.html . However, I want to change the example I gave. In yesterday's example I said that if you completed and assignment from a Magisterial Judge and the case was thrown out you would not have to wait the five year period to have it expunged. While this is correct, that answer was the same before the law changed.
Under the new law, if you were found GUILTY of a summary offense relating to illegal alcohol consumption, transportation, or purchase under 18 Pa.C.S. § 6308, you could now get it expunged without the waiting period of five years. (underaged drinking)
Remember, the waiting period of five years on summaries is ONLY for GUILTY convictions, not for withdrawns, discharges, and not guiltys, where there is no waiting period. Sorry for the confusion.
Under the new law, if you were found GUILTY of a summary offense relating to illegal alcohol consumption, transportation, or purchase under 18 Pa.C.S. § 6308, you could now get it expunged without the waiting period of five years. (underaged drinking)
Remember, the waiting period of five years on summaries is ONLY for GUILTY convictions, not for withdrawns, discharges, and not guiltys, where there is no waiting period. Sorry for the confusion.
Wednesday, July 8, 2009
Expungement Update
The Pennsylvania Expungement statute has been changed again. Under the new statute if you have been convicted of any crime under 18 Pa.C.S. § 6308 involving alcohol transportation, purchase, and consumption, you may be able to get an expungement immediately without the 5 year waiting period associated with a summary expungement.
In most townships in Pennsylvania, illegal alcohol cases are disposed of through a Magisterial District Judge assigning some type of task to the defendant. Once the defendant has completed the task, the Judge drops the charges.
Under the old expungment law, you would have to wait five years to have that summary expunged. Now you can have the arrest expungemed immediately if you meet all of the criteria under PA's new expungement law. See 18 Pa.C.S. § 9122.
In most townships in Pennsylvania, illegal alcohol cases are disposed of through a Magisterial District Judge assigning some type of task to the defendant. Once the defendant has completed the task, the Judge drops the charges.
Under the old expungment law, you would have to wait five years to have that summary expunged. Now you can have the arrest expungemed immediately if you meet all of the criteria under PA's new expungement law. See 18 Pa.C.S. § 9122.