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    Home • Criminal Defense • Page 2

    Pittsburgh Reckless Endangerment Attorney

    September 28, 2017/in Criminal Defense /by R. Anthony DeLuca

    text and drive A person can be charged with reckless endangerment, a misdemeanor, if they have engaged in a behavior or activity that has foreseeable consequences that are considered dangerous by any reasonable person, and were committed without regard for that potential danger. Even if the danger would not result in death, the charge of recklessly engendering another person (REAP) can still apply for activities that could cause serious injury. Furthermore, a person charged with reckless endangerment can be found guilty even if no one was injured. A conviction can result in fines and prison time, depending on the specifics of the crime.

    If you are charged with reckless endangerment, it is important to know what you are up against and what to do.

    Reckless Endangerment Charges in Pittsburgh

    According to Pennsylvania Consolidated Statute Title 18 § 2705:

    A person commits a misdemeanor of the second degree if he recklessly engages in conduct which places or may place another person in danger of death or serious bodily injury.

    This charge has a very broad application, including but not limited to these situations and circumstances:

    • Traffic violations
    • Failure to disclose a sexually transmitted disease such as HIV
    • Allowing a child to play with guns or other dangerous objects
    • Pointing a weapon, such as a gun, as someone or firing a gun indiscriminately
    • Failure to adhere to safety rules on a construction site
    • Allowing a child to come into contact with, ingest, or be exposed to illegal drugs
    • Leaving a child unattended
    • Driving under the influence of alcohol or drugs

    Pennsylvania Penalties for Reckless Endangerment

    Reckless endangerment is a misdemeanor of the second degree in Pennsylvania. This means that it can incur a maximum prison sentence of two years as well as a fine of up to $5,000. However, there is no minimum prison sentence for this charge, so it is possible that a prison sentence may not be issued. This is usually dependent upon the seriousness of the situation, if there were injuries or deaths, and other factors.

    When a judge is determining the sentence for a person who has been charged with reckless endangerment, the defendant’s history will be taken into account as well as his or her current charges. The judge will consider the Offense Gravity Score (OGS) of 3, which is what reckless endangerment carries. Also considered will be the Prior Record Score (PRS) of the alleged offender. This scoring system assigns points based on convictions the person has incurred previously.

    Reckless Endangerment Defenses in Pittsburgh

    Because the charges of reckless endangerment under Pennsylvania law have somewhat blurred lines, it is possible for the alleged offender to argue that his or her actions were more negligent than reckless.

    There are other defenses that may be used, depending on the situation. These include:

    • The actions were not deliberate, but accidental
    • No one was hurt or killed as a result of the actions
    • The actions were done in self defense
    • There is not sufficient evidence to prove the charges
    • The actions did not place anyone in danger of serious bodily injury or death
    • The person who is charged is not the person who committed the act – mistaken identity

    What to Do If You Are Charged with Reckless Endangerment

    Reckless endangerment is a charge that can affect every aspect of your life including your employment, housing, acquire a security clearance, join the military, and getting certain professional licenses. It can even affect your eligibility for financial aid. It is a criminal record and it can follow you for the rest of your life.

    A charge of reckless endangerment should be handled by a criminal defense attorney who is experienced and knowledgeable of Pennsylvania laws surrounding the charge. The first step when charged with reckless endangerment is to secure good legal counsel to represent you when you go to court.

    If you are facing charges of reckless endangerment, you probably have a lot of questions. At DRK Attorneys, we have the answers. We provide legal defense for clients in Pittsburgh and surrounding areas. If you have been charged with reckless endangerment or any other crime, call us. Your initial consultation is free. Don’t leave your life to chance, the criminal legal system is very complex. You need a professional on your side who can fight for you using the strongest defense possible. Contact us today.

    Ignition Interlock Laws

    September 27, 2017/in Criminal Defense /by R. Anthony DeLuca

    breath test Under Pennsylvania law, many DUI offenders are required to obtain ignition interlock devices for their vehicles. Even some facing their first DUI offense will have to install the device. While this may seem harsh due to the device’s cost, it does allow many people, who otherwise would have lost their driver’s licenses for a year, to keep their license and continue driving. This law allows DUI offenders to keep their driver’s licenses so that they can keep their employment while ensuring that they do not drive drunk.

    Ignition Interlock Explained

    An ignition interlock is a small device that is installed in a vehicle and attached to its ignition to prevent a person from driving under the influence. It works much like a breathalyzer. The vehicle will not start until the driver blows into the mouthpiece. If the driver is intoxicated, the device will detect the alcohol content on the person’s breath, and the vehicle will not start. If the device does not register any alcohol content on the person’s breath, the vehicle will start. The can device can also perform random checks, prompting the driver to blow into it to ensure that they are not operating the vehicle while under the influence of alcohol.

    Ignition Interlock Laws in Pennsylvania

    All repeat DUI offenders in Pennsylvania must install the device in every car that they own. If a first time DUI offender has a BAC of .10 or higher, he or she must also install the device. The ignition interlock must remain installed in the vehicle for no less than one year. The length of time depends on certain circumstances, including how many offenses the person already has.

    Under earlier Pennsylvania DUI laws, a person convicted of a DUI would lose their driver’s license for one year. That law was changed in 2016 in an effort to help prevent the loss of a driver’s license. The ignition interlock laws do not apply to people who caused a DUI accident that involved a fatality or to commercial drivers.

    The offender must install the ignition interlock device on every vehicle he or she owns. This includes vehicles that are not operational, not currently registered, and classic/antique vehicles that are not currently carrying insurance (seasonal). If the person shares one car with the rest of his or her family, then that vehicle must be equipped with the device. Also, anyone who drives it must go through the breath test anytime the system prompts in order to be able to operate it.

    Obtaining and Installing Ignition Interlock Devices

    PennDOT has a list of approved vendors on their webpage. The Installation Service Centers lease the devices and determine the cost. The average cost for a one-year lease of an ignition interlock device is approximately $1,200.

    PennDOT’s Forms and Publications page provides the forms for Self-Certification of Vehicles (DL-21SC), Hardship Exemption (DL-21SC), and Employment Exemption (DL-3805).

    Enforcement and Penalties of Ignition Interlock Laws

    When a person is required to use an ignition interlock, they will have to apply for a special license issued by PennDOT. This “ignition interlock” license has a unique appearance that law enforcement can easily recognize. If the police stops a person, and that person provides an ignition interlock license, then the vehicle that person is driving must be equipped with an ignition interlock device.

    If the vehicle does not have an ignition interlock device yet the person operating it has an ignition interlock license, they will be subject to serious penalties including imprisonment and fines:

    • First Offense: Their ignition interlock period will be extended an additional 12 months from the date they are convicted of driving without the device
    • Second Offense and Subsequent Offenses: Their license will be suspended for 12 months and it will not be restored until they comply with ignition interlock

    If you have been charged with a DUI, you need to know your rights. You may apply for an ignition interlock if you want to drive or need to drive. It is expensive, but it can help you keep your employment so it may be an option for you.

     

    Before you make any decisions, though, you need to talk to an experienced, knowledgeable DUI attorney who can help you make an informed decision. Talk to the lawyers at DRK Attorneys and get the help that you need. They will sit with you and discuss your situation so that you are fully informed. The can also help you if you’ve been charged with violating an ignition interlock law. Call today; the initial consultation is free.

    Pittsburgh Neighborhood Crime

    April 5, 2017/in Criminal Defense /by R. Anthony DeLuca

    pittsburgh-safety
    How safe is your neighborhood? Our interactive search tool allows you to search by Pittsburgh neighborhood to see a variety of statistics, including the number of violent crimes along with those related to property and drugs.

    We’ve ranked the 89 neighborhoods in the city and given them a letter grade, with A being the safest and F being the least safe. Most Pittsburgh neighborhoods ranked well; in fact, only 24 received grades below a B. Only four ranked as E or F. The numbers are based on crime statistics from 2012 to 2015 from the City of Pittsburgh Bureau of Police.

    Best Neighborhoods in Pittsburgh

    More than a third of the city’s neighborhoods — 36 of 89 — received a grade of A. The top spot went to Regent Square, with only four violent crimes reported for the year. Property crimes stood at 20 and drug crimes at three.

    The Ridgemont neighborhood ranked second-safest, with seven violent crimes, 18 property crimes and two drug crimes. Swisshelm Park was third with only five violent crimes, 23 property crimes and one drug crime.

    Rounding out the top five safest Pittsburgh neighborhoods were Chartiers City, with 11 violent crimes, 17 property crimes and six drug crimes; and Bon Air, with 18 violent crimes, 27 property crimes and 18 drug crimes.

    Violent Crimes in Pittsburgh

    Three Pittsburgh neighborhoods received an F rating and ranked as the worst when it came to violent crime. The Central Business District, with 314 violent crimes reported, received the least-favorable ranking.

    Carrick placed second for violent areas of the city, with 306 crimes related to violence. South Side Flats ranked third, with 253 violent crimes for the period.

    Property Crimes

    The same three neighborhoods also ranked as the city’s worst for property crimes. The Central Business District had the highest number of property crimes at 977. South Side Flats ranked second, with 652 crimes related to property. Carrick was rated third-worst, with 591 property-related criminal offenses.

    Drug Crimes

    South Side Flats had the highest number of drug crimes for the period at 245. Other neighborhoods with high numbers of alcohol and drug crime reports included the Central Business District, with 207 drug-related crimes. South Side Slopes reported 140 drug crimes for the period, and East Allegheny had 98. The Carrick neighborhood ranked fifth-worst in the city for drug crimes, with 94.

    Zone Totals

    To see crime data for your Pittsburgh zone, hover your mouse over the interactive map. Zone 1 had the highest number of violent crime reports, at 1,710. The highest number of property-related crimes and drug crimes were reported in Zone 3, at 3,011 and 748.

    Our Grading System

    To rank the neighborhoods, the Pittsburgh law office of DeLuca, Ricciuti & Konieczka reviewed crime data provided by the city’s police department for 2012 to 2015. After totaling violent crimes, property crimes, and drug and alcohol crimes for each year, we averaged the numbers across the four years.

    Violent crimes included weapons violations, simple assaults, homicides, rapes and assaults. Property crimes included robberies, burglaries, thefts, vehicle thefts, arsons, and cases of fraud, embezzlement, stolen property, and vandalism. Drug- and alcohol-related crimes included drug violations, driving under the influence, and drunkenness.

    We calculated letter grades by assigning weight to specific crimes as follows:

    • Violent crimes were weighted at 0.6.
    • Property crimes were weighted at 0.3.
    • Alcohol and drug crimes were weighted at 0.1.

    Letter grades were assigned based on total points:

    • A: 0 to 67 points.
    • B: 68 to 133 points.
    • C: 134 to 199 points.
    • D: 200 to 267 points.
    • F: 268 points and higher.

    Get Assistance if You’re Charged With a Crime

    Have you been charged with a crime in Pittsburgh? Whether the charges relate to drugs or alcohol, property, or violence, a criminal conviction can result in harsh penalties and difficulty finding employment in the future. By working with an experienced criminal defense attorney, you take an important step to protect your rights and move past this difficult time of your life. For a free consultation, contact the Office of DeLuca, Ricciuti & Konieczka.

    Pittsburgh Neighborhood Crime Data

    Neighborhood Total Violent Crime Total Property Crime Total Drug Crime Total Score Total Grade
    Regent Square 4 20 3 9 A
    Ridgemont 7 18 2 10 A
    Swisshelm Park 5 23 1 10 A
    Chartiers City 11 17 6 12 A
    Bon Air 18 27 18 21 A
    New Homestead 18 29 12 21 A
    Polish Hill 10 49 6 22 A
    Fairywood 22 27 3 22 A
    Arlington Heights 31 16 6 24 A
    Esplen 16 48 10 25 A
    Allegheny West 15 53 10 26 A
    Oakwood 24 37 8 26 A
    Windgap 19 59 7 30 A
    East Carnegie 14 91 1 36 A
    Morningside 22 77 6 37 A
    West End 28 60 25 37 A
    Friendship 21 84 7 39 A
    Glen Hazel 35 62 3 40 A
    Duquesne Heights 25 80 12 40 A
    Summer Hill 28 76 18 41 A
    Hays 38 65 22 44 A
    Terrace Village 45 55 14 45 A
    Chateau 28 85 38 46 A
    Point Breeze North 29 98 8 48 A
    Banksville 30 112 17 53 A
    Mount Oliver 62 67 20 59 A
    Arlington 59 80 15 61 A
    Westwood 45 107 18 61 A
    South Shore 45 101 37 61 A
    Upper Lawrenceville 52 94 19 61 A
    West Oakland 47 103 24 61 A
    Point Breeze 31 138 15 62 A
    Upper Hill 54 98 19 64 A
    California Kirkbride 71 68 18 65 A
    Fineview 73 64 27 65 A
    Spring Hill 67 84 22 67 A
    Spring Garden 51 118 19 68 B
    Bedford Dwellings 78 68 22 69 B
    Greenfield 36 165 13 73 B
    Lincoln Place 52 144 16 76 B
    Lower Lawrenceville 53 148 22 78 B
    Overbrook 60 136 16 78 B
    Strip District 55 149 26 80 B
    Middle Hill 85 105 40 87 B
    Squirrel Hill North 51 179 22 87 B
    Allegheny Center 78 116 58 87 B
    Stanton Heights 48 195 19 89 B
    Northview Heights 98 102 13 91 B
    Troy Hill 76 142 23 91 B
    Crawford Roberts 77 137 38 91 B
    Beltzhoover 91 114 48 94 B
    North Shore 74 162 61 99 B
    Central Lawrenceville 60 205 26 100 B
    Manchester 92 141 33 101 B
    Bluff 86 170 65 109 B
    North Oakland 62 231 46 111 B
    Garfield 109 152 22 113 B
    Crafton Heights 115 141 18 113 B
    South Oakland 79 226 31 118 B
    East Hills 130 144 21 124 B
    Hazelwood 109 187 42 126 B
    Homewood West 131 151 43 128 B
    Central Oakland 52 315 44 130 B
    Perry North 124 177 34 131 B
    Elliott 99 232 34 133 B
    Larimer 128 183 29 135 C
    Central North Side 101 244 45 138 C
    Highland Park 119 226 44 144 C
    Squirrel Hill South 57 356 40 145 C
    Perry South 155 175 30 149 C
    Allegheny West 143 196 72 152 C
    Lincoln Lemington Belmar 115 276 22 154 C
    East Allegheny 125 254 98 161 C
    Knoxville 159 222 54 168 C
    Shadyside 60 428 42 169 C
    Homewood South 162 231 43 171 C
    Beechview 142 269 70 173 C
    Marshall Shadeland 146 269 55 174 C
    Brighton Heights 166 309 38 196 C
    Mount Washington 122 407 42 199 C
    Homewood North 212 253 58 209 D
    Bloomfield 124 454 37 214 D
    Sheraden 147 423 62 222 D
    Brookline 170 403 67 230 D
    South Side Slopes 162 518 140 267 D
    East Liberty 250 458 64 294 F
    Carrick 306 591 94 371 F
    South Side Flats 253 652 245 372 F
    Central Business District 314 977 207 502 F
    Zone Totals 1 2 3 4 5 6
    Total Violent 1710 908 1394 767 1570 889
    Total Property 2834 2254 3011 2768 2884 2045
    Total Drug 710 505 748 383 415 347
    Page 2 of 6‹1234›»

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    Phone: 412-281-6869

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