Weapons crimes are something that we have experience dealing with at Ambler Law Offices. If you have been accused of weapons crime do not delay in getting help. Call our office for a free consultation.
Pennsylvania does not utilize a specific brandishing charge, but instead, in situations where a weapon is drawn charges a number of different crimes. Three common charges are listed below.
Disorderly conduct- 18 Pa.C.S. 5503 A person is guilty of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:
(1) engages in fighting or threatening, or in violent or tumultuous behavior;
(2) makes unreasonable noise;
(3) uses obscene language, or makes an obscene gesture
(4) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor. An offense under this section is a misdemeanor of the third degree if the intent of the actor is to cause substantial harm or serious inconvenience, or if he persists in disorderly conduct after reasonable warning or request to desist. Otherwise disorderly conduct is a summary offense.
Simple assault- 18 Pa.C.S. 2701 Often this crime is charged with disorderly conduct after a firearm is pointed. The law says that simple assault is a crime when except as provided under section 2702 (relating to aggravated assault), a person
(1) attempts to cause or intentionally, knowingly or recklessly causes bodily injury to another;
(2) negligently causes bodily injury to another with a deadly weapon;
(3) attempts by physical menace to put another in fear of imminent serious bodily injury;
Terroristic threats- 18 Pa.C.S. 2706 In situations where a gun was pointed, this is often the most serious crime that will be faced in Pennsylvania. If convicted, this crime will permanently affect your rights to own firearms and ammunition. It is for this reason that you need a pro-2A lawyer on your side. The law says that “a person commits the crime of terroristic threats if the person communicates, either directly or indirectly, a threat to:
(1) commit any crime of violence with intent to terrorize another;
(2) cause evacuation of a building, place of assembly or facility of public transportation; or
(3) otherwise cause serious public inconvenience, or cause terror or serious public inconvenience with reckless disregard of the risk of causing such terror or inconvenience.
If you have been charged with this crime, you need a lawyer who can help you protect your freedom and your rights.
Discharge of a Firearm into an Occupied Structure
Often a what is called a negligent discharge, accidental discharge, or unintended discharge will result in criminal charges for discharging a firearm into an occupied structure. This crime is typically charged as a felony offense. The definition includes anyone who "knowingly, intentionally or recklessly discharges a firearm from any location into an occupied structure." There are several statutory defenses available, as well as some defenses that have arisen through case law. You should defend yourself against this charge. If convicted of this crime, you may permanently lose your right to possess firearms and ammunition. Contact the negligent discharge lawyers at Ambler Law Offices for a free consultation on your case.
Recklessly Endangering Another Person (REAP)
Recklessly endangering, often called REAP is a misdemeanor of the 2nd degree. REAP occurs when someone " recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury." 18 Pa.c.s. § 2705 If you are charged with REAP do not hesitate to contact the Recklessly Endangering lawyers at Ambler Law Offices for a free consultation.
Issues Involving Persons not to Possess
Both state and Federal law lay out categories of persons ineligible to possess firearms or ammunition. Included among those prohibited are persons who were convicted of a felony or a misdemeanor crime punishable by (even if not punished) a term of over one year. Also restricted are unlawful users or addicted to drugs or alcohol. It is important to note that you are considered an unlawful user of drugs for the purposes of possessing firearms, even if you have your medical marijuana card.
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