Homicide and Violent Offenses

Criminal charges for assault often result from the escalation of a verbal fight during an emotional confrontation, poor judgment and erratic behavior due to intoxication or very often, a combination of both. Most people, at one time or another, have said or done something in anger that is out of character and that they later regret. Certainly, violence toward another person which rises to the level of criminal conduct is never ok. However, an isolated lapse in judgment or the irrational response of an otherwise good person in an emotional situation should not warrant a disproportionately severe punitive response.

There are two categories of assault in Pennsylvania, simple assault which is a misdemeanor and aggravated assault which is a felony. Generally, simple assault is an intentional act which causes or constitutes an attempt to cause “bodily injury” to another person. Aggravated assault is most often an intentional act which causes or constitutes an attempt to cause “serious bodily injury.”

The distinction between simple assault and aggravated assault in this context is the level of injury caused or attempted. Bodily injury is generally defined as impairment of physical condition or substantial pain. In contrast serious bodily injury is described as bodily injury that creates a substantial risk of death, or that causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Simply, if a person punches another in the nose and the result is a bloody nose and some bruising, the resulting injury is most likely bodily injury as contemplated by the statute. However, if a person assaults another person so violently as to cause permanent disfigurement or substantial risk of death, then the assault is an aggravated assault.

In many cases the injury caused falls into a grey area that is not clearly bodily injury or serious bodily injury. In fact, even the above example of a punch to the nose may be argued as more than a misdemeanor assault but may also be presented as a lesser charge of summary harassment depending on the specifics of each particular case. This is especially true when the government and the defense are arguing not over an actual injury but one that was merely attempted. In such circumstances it is imperative to have an experienced criminal attorney fighting for you.

In addition, there is another category of aggravated assault. Where someone causes or attempts to cause “bodily injury” to a police officer, probation officer, firefighter, teacher or similar person, while that person is performing their official duties, the government will often charge felony aggravated assault. Despite the fact that the injury caused or attempted only rises to the level of bodily injury these facts will result in a felony assault charge because of the protected class of individual the alleged assault was aimed at.

There is no criminal offense in Pennsylvania which carries a more severe penalty than a charge of criminal homicide. Generally, a person may be found guilty of criminal homicide where the government proves beyond a reasonable doubt that they intentionally, knowingly, recklessly or negligently caused the death of another human being. The charge of criminal homicide is subdivided into the classifications of murder, voluntary manslaughter or involuntary manslaughter.

What separates murder from manslaughter is the state of mind of the person who commits the act. Where the government asserts that the person acted with malice, they will be charged with murder; where there is no malice the charge is likely to be manslaughter. The crime of murder is divided into three categories or degrees:

First degree murder is an intentional killing that is willful, deliberate and premeditated. A conviction for first degree murder carries with it a mandatory sentence of life in prison or death.

Second degree murder, also known as “felony-murder,” occurs when a person engages in a dangerous felony and a killing occurs. Part of the government’s burden in a felony-murder case is that the person knew or should have known that a death might result from the felony. A conviction for second degree murder carries with it a mandatory sentence of life in prison.

Third degree murder, sometimes referred to as “black-heart” murder occurs where a person’s actions show a wanton and willful disregard of an unjustified and extremely high risk that their conduct would result in the death or serious bodily injury to another. To make out a case of third degree murder the government must prove beyond a reasonable doubt that the individual knowingly disregarded a serious risk that they created and by that disregard the person demonstrated an extreme indifference to the value of human life. A conviction for third degree murder carries with it a sentence of up to forty years in prison.

Manslaughter, as opposed to murder, is an unlawful killing that occurs without malice. In Pennsylvania there are two types, voluntary and involuntary manslaughter.

Voluntary manslaughter occurs when a person intentionally kills another without lawful justification, if at the time of the killing the person is acting under a sudden and intense passion or they do so while acting under an unreasonable mistaken belief in the existence of justifying circumstances. A conviction for voluntary manslaughter carries with it a sentence of up to twenty years in prison.

Involuntary manslaughter occurs when a person directly causes the death of another person by reckless or grossly negligent conduct. A conviction for involuntary manslaughter carries with it a sentence of up to five years in prison.

Whether you are charged with harassment, simple assault or aggravated assault having an experienced attorney on your side is critical to your ability to defend yourself against the government’s allegations. This is especially true if you have been charged with criminal homicide. The very brief description of the basic elements and the statutory sentences described above does not begin to touch upon the litany of issues required to mount a proper defense against a charge of homicide. Where your life and you liberty hang in the balance it is critical to have an experienced criminal attorney on your side.

When police are called to break up a fight, those involved are commonly charged with recklessly endangering another person, termed as “REAP.” This crime, set out at 18 Pa.C.S. § 2705, occurs when a person recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury. Our law defines “serious bodily injury” as 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. This crime requires the prosecution to prove that the defendant had an actual present ability to inflict harm, not simply that the defendant had the apparent ability inflict harm. In other words, the defendant must have created a real danger, not just the apprehension of danger. However, the prosecution is not required to show that the victim actually suffered serious bodily injury or death.

What types of conduct fall within the ambit of this criminal statute? Courts have upheld REAP convictions where a defendant has:

• Waved a loaded firearm;
• Yelled and hit another person with a belt, leaving marks and welts;
• Repeatedly punched and threatened to kill the victim, who suffered injuries;
• Threatened people in a crowd, swinging punches indiscriminately;
• Submerged a child in cold water until he turned purple;
• Failed to feed children for approximately six weeks;
• Threw liquid-filled water bottles at pedestrians; and
• Drove while impaired.

In one case, a mechanic was convicted of REAP after he failed to conduct an interior check of a van’s brake system and never “pulled the wheels.” The van crashed later that day, killing a passenger. While tragic, this case suggests that a wide array of professionals who fail to ensure others’ safety could potentially fall within the scope of this criminal offense.

• Nonetheless, your lawyer has a number of potential means of challenging a REAP conviction, such as:
• Arguing that evidence establishing the crime was illegally seized;
• Showing that you were unlawfully arrested by police;
• The other individual was not seriously injured and there never was a risk of any serious injury;
• Demonstrating that the harm was accidental, not intentional; or
• Establishing you were acting in self defense or to protect another person.

A conviction of REAP carries significant penalties, as it is a misdemeanor of the second degree, for which you could face up to two years in prison as well as a $5,000 fine. In addition, a REAP conviction could jeopardize your employment situation or ability to obtain a job, bar you from certain security clearances, and disqualify you from financial aid. Thus, it is critical that a capable defense attorney shepherds your case through the legal system.