Free Consultation412-281-6869

Tougher Sentencing Laws For Hit-And-Run Accidents In Pennsylvania

/in , /by

The sentencing guidelines for fatal hit-and-run accidents in Pennsylvania have been significantly increased by lawmakers who recently passed a bill known as “Kevin’s Law.” Kevin’s Law is named in honor of Kevin Miller, who was only five years old when he was killed by a hit-and-run driver.

 Pennsylvania Motor Vehicle Laws

Pennsylvania Motor Vehicle Law Section 3742 declares that any driver of a vehicle who is involved in an accident where a fatality or a personal injury has occurred in required by law to stop at the scene or as close to the scene as possible. Additionally, the driver must remain at the scene to provide information and administer aid to the injured parties.

 Loophole In The Law

Sentencing guidelines prior to the passing of the new legislation, mandated that a driver found guilty in a fatal hit-and-run accident would face at least one year of jail time. This was less punitive than the sentencing guidelines for being found guilty of Homicide by Vehicle DUI which is a sentence of at least three years in prison. The loophole appeared to be the fact that the difference in sentencing guidelines served as motivator for drivers to flee the scene of the accident. Successfully proving a DUI charge depends on the evidence of intoxication being measured before the alcohol leaves a person’s system. So it was actually in an intoxicated driver’s best interest to immediately leave the scene in an attempt to evade detection of their DUI.

 New Sentencing Guidelines

With Kevin’s Law now in effect, the sentencing guideline has increased the penalty for persons convicted of the charge of Accidents Involving Death from one year of jail time to three. This change unifies the sentencing guidelines for the charges of Homicide by Vehicle DUI and Accidents Involving Death by designating the minimum penalty for both as the same.

All of the criminal defense attorneys at DRK Lawyers are former assistant district attorneys. We understand criminal cases and defense from both sides of the courtroom. We use our trial experience and knowledge of the government’s tactics to help defend our clients every day in the state of Pennsylvania. If you are facing criminal charges, please contact our team today.

 

Open Carry Gun Law & Firearm Restrictions In Pennsylvania

/in , , /by

For millions of people being able to protect yourself anywhere, at any time is part of being an American. The often cited Second Constitutional Amendment guarantees the right of U.S. Citizens to keep and bear arms. While the right to keep and bear arms is mandated at the federal level, each state is allowed to enact their own, specific gun laws.

Pennsylvania Firearm Laws

In Pennsylvania, we have strict state laws that mandate not only the type of firearms one may own but exactly who is allowed to possess them and where one may keep, carry and engage in the use of guns. Any violation of Pennsylvania guns laws can carry serious consequences, including lengthy prison sentences. When gun charges are added to violent crime charges, this can often result in the potential for increased jail time and penalties. In general, weapons charges in Pennsylvania are aggressively prosecuted.

Some of the actions prohibited by Pennsylvania law include:

  • Possession of a weapon while on parole or probation, or as a convicted felon
  • Illegal possession or sale of a firearm
  • Carrying a gun without proper permits
  • Possession of a concealed weapon without proper permit or license
  • Theft of a firearm
  • Possession of illegal firearms
  • Possessing a firearm with a altered serial number

Open Carry Vs Concealed Permit

Many Pennsylvanians are unaware that if you are 21 and over and legally own a gun, you can wear it openly on your person. Due to the state law that permits the practice known as open carry; this is perfectly legal.

For a registered gun owner to legally carry a firearm in a purse, bag or somewhere concealed on their person they must obtain a permit to carry a concealed weapon in order to be in compliance with the law.

Speak With Our Team Today

All of the criminal defense attorneys at DRK Lawyers are former assistant district attorneys. We understand criminal cases and defense from both sides of the courtroom. We use our trial experience and knowledge of the government’s tactics to help defend our clients every day in the state of Pennsylvania. If you are facing criminal charges, please contact our team today. There is no charge for your initial consultation.

[gs_logo]