Title 18, Chapter 3 of the Pennsylvania State Statutes defines the culpability of an offender who is accused of a criminal act. According to the statute, the accused isn’t guilty, unless he or she is liable based on conduct such as a voluntary act or an omission. In terms of omission, he or she failed to perform an act that could have prevented the results of the infraction. Furthermore, if the accused procured or acquired possession of a substance that was illegal, they could be deemed guilty. If you were charged with an offense, you should contact a Criminal Defense Attorney in Reading PA promptly.
Stipulations for Criminal Defenses
In some state it is possible to prove innocence based on incapacity due to intoxication by alcohol or controlled substances; Pennsylvania makes provisions for this defense. If the prosecution proves that any level of intoxication was voluntary, the defense cannot use it to discredit the case against their client. However, if the defendant was incapable of committed murder due to incapacity caused by an altered state, it’s possible to reduce a murder charge to a lesser offense.
Duress as a Defense
Under Section 309 of the state statute, duress cannot be used as a defense if the victim voluntarily placed his or herself into a situation in which duress was probable. In this case, the victim is just as guilty of negligence as the individual who coerced them. If you were the victim of threatening behavior in which you committed an infraction to prevent the fulfillment of these claims, you should contact a criminal defense attorney to assist you with this defense.
Proving Entrapment in a Criminal Case
The burden of proof in Section 313 defines an allowance of an entrapment defense. If the defense attorney provides a preponderance of the evidence which shows that the conduct performed by the accused was the direct result of entrapment by law enforcement. An exception to this ruling nullifies the use of this defense if the perpetrator threatened anyone beyond the law enforcement official who is accused of entrapment during the acquisition of evidence to prove the prosecution’s case.
An advance understanding of the stipulations that govern the defense capabilities could prevent you from being convicted. For this reason, you need to consult a Criminal Defense Attorney in Reading PA to represent you. If you need an attorney now, you should visit the website.
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