If you or someone you know has been accused of the alleged commission of a violent crime such as: murder, manslaughter or aggravated assault, speak to the staff at Kendra I. McCrae, Attorney-at-Law LLC. Ms. McCrae is a former prosecutor with over 20 years of experience, thereby arming her with the required knowledge and skill you deserve if you are seeking the best result for you or your loved ones’ criminal matter. As a former Philadelphia Assistant District Attorney, Ms. McCrae has a unique edge over many of the other criminal defense firms in Philadelphia. Ms. McCrae’s grasp and superior knowledge of Philadelphia’s criminal law, evidence and procedure, make her the best choice when seeking the best result for you or your loved ones’ criminal matter. To learn more about your legal options, contact Kendra I. McCrae, Attorney-at-Law LLC, so that together we can review the Commonwealth’s evidence and construct a legal strategy designed to offer the best result.
Aggravated assault is charged if you attempt to cause serious bodily injury to another, or cause such injury intentionally, knowingly or recklessly under circumstances manifesting an extreme indifference to the value of human life. Aggravated assault is also likely to be charged if you cause or attempt to cause serious bodily injury to a member of a protected class (such as a police officer, probation officer, teacher, parking enforcement officer); or attempt by “physical menace” (meaning through use of a threatening gesture with or without verbal communication) to put any of those previously mentioned as being members of a protected class in fear of immediate serious bodily injury while in the performance of their duty.
Robbery graded as a felony of the first degree requires the Commonwealth prove beyond a reasonable doubt that, during the course of a theft, you either inflicted/threatened to inflict "serious bodily injury" or committed/threatened to commit a felony of the first or second degree (such as rape). If only "bodily injury" is threatened or caused during commission of a theft, then you are probably simply looking at a charge of robbery in the second degree. If no injury is caused or reasonably threatened (such as that associated with a purse snatching) then robbery of the third degree is likely to be charged.
Murder of the First Degree is the deliberate and premeditated killing of a human being by a sane person absent any legal excuse or authority to do so. Murder of the Second Degree is charged when the criminal homicide is committed without premeditation (as in the heat of passion or in a sudden quarrel or fight) or while the defendant was engaged as a principal or an accomplice in the perpetration of a felony. While Murder of the Third Degree is a catchall under which all other kinds of murder are included. Murder of the Third Degree is graded as a felony of the first degree.
Homicide is the killing of another human being due to an act or failure to act. A person is guilty of criminal homicide if he or she intentionally, knowingly, recklessly or negligently causes the death of another human being.
Manslaughter is the unlawful killing of another person without premeditation or the so-called “malice aforethought”. It is distinguished from murder because there is a lack of prior intention to kill anyone or create a deadly situation. There are two levels of manslaughter: voluntary and involuntary manslaughter.
Voluntary Manslaughter involves a killing without lawful justification during a time when the accused is under a sudden and intense passion resulting from serious provocation by: (1) the individual killed; or (2) another whom the accused endeavors to kill, but, negligently or accidently causes the death of the decedent (the individual killed). Voluntary manslaughter is graded as a felony of the first degree.
Involuntary Manslaughter is the killing of another human being as the direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or, the doing of a lawful act in a reckless or grossly negligent manner. Ordinarily, involuntary manslaughter, is graded as a misdemeanor of the first degree unless the victim is under 12 years of age and is killed while in the care, custody or control of the person who caused the death. Under these circumstances, involuntary manslaughter will be graded as a felony of the second degree.