Harrisburg State and Federal Criminal Defense Lawyer
Aggressively Fighting to Win
EKHP Law, LLC can provide you the professional, dedicated representation you deserve in your state or federal criminal case. The firm is not afraid to push for your case in court and fight aggressively for your defense. Attorney Elisabeth K. H. Pasqualini is aggressive with the law but compassionate with her clients. You can trust her to communicate transparently with you throughout your case and do her best to win, whether you’ve been charged with a sex crime, drug crime, violent crime, or other offense.
State and Federal Burglary Laws
Pennsylvania law defines burglary as entering a building or occupied structure with the intent to commit a crime inside, unless the premises are open to the public at the time or the defendant is allowed to enter. Note that for the situation to be classified as a burglary, the defendant must have the intent to commit some kind of crime once they have entered the building. It does not matter whether the planned crime actually took place; if the defendant had the intent to commit it after entering the structure, then a burglary has been committed.
Federal law similarly defines burglary as containing these three elements:
- Unauthorized breaking and entering
- Entering a building or occupied structure
- Intending to commit a crime inside
Burglary in Pennsylvania is a first-degree felony that may carry a jail sentence of up to 20 years in prison. However, if no one was inside the building at the time of the defendant's entry, it may only be a second-degree felony that carries a sentence of up to 10 years in prison. To their discretion, the judge may order a fine as well.
In both state and federal burglary cases, the prosecution bears the burden of proving a defendant’s guilt beyond a reasonable doubt, so a strong defense tactic could be to create a plausible doubt in the minds of the jury. Some common defenses against a burglary charge include:
- The building or structure in question was abandoned
- Lack of intent to commit a crime inside the building or structure
- Premises were open to the public at the time
- You had consent/license to enter the property
- Consent of owner of property
Involuntary Manslaughter Laws
State law penalizes unintentional killings, or involuntary manslaughter. To prove involuntary manslaughter, the prosecutor must show that the defendant caused the victim's death by reckless or grossly negligent conduct while engaging in lawful or unlawful activity.
Some examples of involuntary manslaughter are:
- Driving recklessly
- Driving while intoxicated
- Driving violations, such as speeding
- Child neglect and abuse
- Improperly withholding necessary medical care or treatment
Pennsylvania classifies involuntary manslaughter as a first-degree misdemeanor punishable by up to 5 years in prison. On a federal level, the base sentence for involuntary manslaughter is 10 to 16 months in prison, which can be increased if the crime was due to reckless conduct or an automobile accident.
Pennsylvania law establishes a killing committed under the "heat of passion" or "unreasonable belief" as the basis for a voluntary manslaughter charge. A heat of passion homicide refers to a situation when a provocation affects the defendant's judgment and intentions. Federal law similarly defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion.
Voluntary Manslaughter Penalties & Sentencing
State law sets voluntary manslaughter as a first-degree felony that could call for up to 20 years of imprisonment. Pennsylvania also requires a minimum sentencing for defendants who have 2 or more convictions for violent crimes. If it is your third violent offense, the state will require a minimum sentence of 25 years in jail, with the option of increasing the sentence to life imprisonment without parole, depending on the facts of your case.
Visit the firm’s page on Violent Crimes here for more information about specific violent offense convictions and penalties.
On a federal level, the sentencing guidelines depend on a number of different factors. The courts will examine both the aggravating and mitigating factors to determine the appropriate penalty. Aggravating factors are facts about the crime that could warrant a harsher sentence, such as the brutality of the crime, the defendant’s criminal history, and the vulnerability of the alleged victim. Mitigating factors, on the other hand, could reduce sentences. Some examples of mitigating factors could be your lack of a criminal history and acceptance of responsibility for the crime.
Contact EKHP Law, LLC for a Free Consultation
If you have been charged with a crime at the state or federal level, it is critical that you contact an experienced defense attorney immediately. EKHP Law, LLC can take on your criminal case in Harrisburg and defend your rights against a severe or wrongful accusation. The firm is not afraid to fight aggressively for you in court, and you can trust them to seek the most favorable outcome possible for your case.
Contact EKHP Law, LLC to schedule your free initial consultation today.
“Her work was impeccable and impressive. She went above and beyond what we expected.”- Former Client
“Thanks to Elisabeth, I was able to come home and continue to be a rock for my family.”- Former Client
“She helped me get a chance to start my life over with a clean slate, and for that I am grateful and forever in her debt.”- Former Client
Vigilance & Determination
Attorney Pasqualini is fiercely passionate and will always exercise her due diligence when fighting for clients.
Honor & Respect
We are all accountable and equal under the rule of law and Attorney Pasqualini will always conduct herself with integrity and honesty.
Attorney Pasqualini is very attentive and conscientious of her clients' time and needs.
Strong Litigation Experience
Attorney Pasqualini will always stand up and fight assertively for her clients in the courtroom.