Property crimes in Pennsylvania include a wide range of offenses, from minor theft and graffiti to aggravated felony arson. State and local prosecutors prioritize the investigation and prosecution of individuals charged with major and minor property crimes. Local prosecutors and police officers consider lower-level property crimes “quality of life” crimes that if unchecked, will lead to the commission of more serious criminal offenses.
Consequences of a Pennsylvania Property Crime Conviction
Individuals convicted of property crimes involving significant property damage or resulting in the death or injury of another may face decades in prison as well as the repayment of significant restitution and fines. A conviction for less serious property crimes can also carry severe consequences including jail time, court costs, fines, restitution and a permanent criminal record.
Dedicated and Experienced Property Crime Defense
It is important to have a highly qualified criminal defense lawyer on your side if you are under investigation or charged for any type of property crime in Pennsylvania. Many lower-level property crimes can be diverted out of the juvenile court system or the adult criminal justice system through 1st time offender programs designed to help eligible participants avoid having a juvenile or adult record. I have extensive knowledge of the admissions guidelines for all of the juvenile and adult 1st time offender programs available in Pennsylvania. I can determine if your case is eligible for a pre-trial diversion program.
Defense Strategies to Protect Your Future
The most effective resolution for some cases may be through a negotiated plea agreement to reduced charges and reduced penalties. In other cases, the best strategy is to seek an acquittal on the charges by challenging the government’s evidence at trial. I will fight to keep a conviction for a property crime from ruining your future.
Bucks County Property Crimes Lawyer
I have over a decade of providing skilled and aggressive representation to individuals charged with property crimes in Bucks County, Montgomery County and the surrounding counties. Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.
Federal Arson Crimes
Arson and arson-related offenses are among the most serious crimes an individual can face in state or federal court. Federal arson charges can involve the possession of certain explosives or incendiary devices, or the interstate transfer of those devices. An individual can also face federal arson charges if the fire or explosion occurred on federal property. Federal arson offenses are charged through the grand jury indictment process. Individuals convicted of arson and arson-related crimes in the federal system will face a sentence of up to 25 years in a federal prison. A life sentence or the death penalty may be imposed if the arson involved a residence or if the fire or explosion caused the death of a person.
Pennsylvania Arson Crimes
In Pennsylvania, arson crimes are defined under 18 Pa. C.S.A. § 3301 (a). In general, an arson crime occurs when an individual starts a fire or causes an explosion on his or her own property or land, or on the property or land of another.
Penalties for Arson Crimes in Pennsylvania
An individual convicted of an arson crime in Pennsylvania will often face a significant prison sentence in addition to substantial fines and restitution. The penalties become even more severe if the arson resulted in severe monetary loss to the property owner or if the arson resulted in the death or injury to others. I have considerable experience courtroom experience defending individuals charged with arson crimes. I can help you if you are under investigation for an arson crime or if you are presently charged with an arson offense.
Arson Endangering Persons
Arson endangering persons is defined under 18 Pa. C.S.A. § 3301(a). This crime is charged if a person intentionally starts a fire or causes an explosion or aids, counsels, agrees to pay another to cause a fire or explosion on their own property or the property of another. The statute also requires that the fire or explosion recklessly placed a firefighter, police officer or other person in danger of death or serious bodily injury or that the fire or explosion was committed for the purpose of destroying or damaging an inhabited building or occupied structure of another.
Arson Endangering Persons Murder Charge
The arson endangering persons offense can result in 2nd degree murder charges if the fire or another explosion caused the death of a firefighter, police officer or person actively fighting the fire. Arson endangering persons can result in 1st degree murder charges if the fire or explosion caused the death of any person and if the fire or explosion was set to cause such a death.
Penalties for Arson Endangering Persons
- 1st degree felony
- Up to 20 years in state prison
- Up to $25,000 in fines
- 1st degree murder (intent to cause death)
- Mandatory life imprisonment or death penalty
- 2nd degree murder (causes death of firefighter, police officer)
- Mandatory life imprisonment
Arson Endangering Property
Arson endangering property is defined under 18 Pa. C.S.A. § 3301(c). This crime is charged when an individual intentionally starts a fire or causes an explosion on his or her own property or on the property of another or if that individual aids, counsels, pays or agrees to pay another to cause a fire or explosion under any of the following circumstances:
- Commits the act to destroy or damage another individual’s building or unoccupied structure; or
- Recklessly places another individual’s inhabited or occupied structure in danger of damage or destruction; or
- Commits the act with the intent of destroying or damaging his or her property or the property of another to collect insurance for the loss
Penalties for Arson Endangering Property
- 2nd degree felony
- Up to 10 years in state prison
- Up to $25,000 in fines
Aggravated Arson
Aggravated arson is defined under 18 Pa. C.S.A. § 3301(a.1). This crime is charged when an individual intentionally starts a fire or causes an explosion or if he or she aids, counsels, pays or agrees to pay another to cause a fire or explosion on his or her own property or on the property of another under any one of the following circumstances.
- The individual attempted to cause or intentionally, recklessly and knowingly caused bodily injury to any person fighting the fire, including a firefighter or police officer; or
- The individual committed a felony-graded arson-related offense while a person is present inside the property at the time of the offense
Penalties for Aggravated Arson
- 1st degree felony
- Up to 20 years in state prison
- Up to $25,000 in fines
- 2nd degree murder (causes death of firefighter, police officer)
- Mandatory life imprisonment
Reckless Burning or Exploding
Reckless burning or exploding is defined under 18 Pa. C.S.A. § 3301(d). This crime is charged when an individual intentionally starts a fire or causes an explosion or if he or she aids, counsels, pays or agrees to pay another to cause a fire or explosion whether on his or her own property or on the property of another. The law also requires that the individual have: (1) recklessly placed an uninhabited building or unoccupied structure owned by another in danger of damage or destruction or (2) placed an automobile, motorcycle, motorboat or personal property with a value of at least $5,000 in danger of damage or destruction.
Penalties for Reckless Burning
- 3rd degree felony
- Up to 7 years in state prison
- Up to $15,000 in fines
Dangerous Burning
Dangerous burning is defined under 18 Pa. C.S.A. § 3301 (d.1). This crime is charged when an individual intentionally or recklessly starts a fire to endanger any person or property of another. The dangerous burning law does not require that any damage actually occur as a result of the offense.
Penalties for Dangerous Burning
- Summary offense
- Up to 90 days in jail
- Up to $300 in fines
Failure to Report or Control a Dangerous Fire
Failure to report or control a dangerous fire is defined under 18 Pa. C.S.A. § 3301(e). This criminal statute applies to individuals who, knowing that a fire is endangering the life or property of another, fail to take reasonable measures to put out or control the fire or fail to promptly report the fire to authorities. The law also requires that the individual: (1) have an official contractual or other legal duty to control or combat the fire or (2) the individual lawfully started the fire or gave permission for the fire to be started on property in his or her custody or control.
Penalties for Failure to Report or Control a Dangerous Fire
- 1st degree misdemeanor
- Up to 5 years in state prison
- Up to $10,000 in fines
Possession of Explosive or Incendiary Materials
Possession of explosive or incendiary materials is defined under 18 Pa. C.S.A. § 3301(f). This criminal statute applies to individuals who possess, manufacture or transport any incendiary or explosive device or material with the intent to use or provide those materials to commit any arson or arson-related offenses.
Penalties for Possession of Explosives or Incendiary Materials
- 3rd degree felony
- Up to 7 years in state prison
- Up to $15,000 in fines
Arson Defense
Arson investigations are very complex and involve the application of physics and chemistry in a criminal investigative process. Arson investigators are used by prosecutors to determine the cause of a fire or explosion and to establish whether a fire or explosion was an accident or the result of a criminal act. During an arson trial, the prosecutor will present the testimony of a state police arson investigator or local fire marshal to establish that a fire or explosion was set with criminal intent and was not the result of an accident.
The Role of the Arson Investigator
The arson investigator is responsible for preserving the fire scene including any physical evidence found in the structure. The arson investigator will document the fire’s burn pattern on the building or structure in an attempt to determine the origin, cause and ignition circumstances. The arson investigator will also examine the fire scene for the presence of ignitable liquids and ignitable devices such as lighters and matches.
The arson investigator will process the fire scene for shoe prints, tire impressions and trace evidence including hair, fibers and fabric. Any blood or DNA evidence will be collected from the fire scene for forensic analysis. The arson investigator will also document any evidence of forced entry into the structure and interview any witnesses and victims of the crime. In addition, the arson investigator will examine whether anyone had a financial incentive to burn or destroy the building, residence or other type of structure.
Using an Independent Arson Expert for the Defense
In some cases, it may be necessary to hire an independent arson investigator to examine the fire scene and review the other evidence in the case. I maintain a professional network of highly skilled forensic experts in the field of arson investigation. An independent arson investigator will often be able to contradict the conclusions reached by the prosecutor’s arson expert. Depending on the evidence, an independent arson investigator may be able to prove that a fire or explosion was the result of an accident (such as a lit cigarette) or non-human factors (such as gas leaks or faulty wiring).
Arson Defense Strategies
In certain cases, it may be possible to establish an alibi defense to an arson charge by proving that the accused was at a different location at the time the arson crime was committed. Other arson cases are based entirely on the testimony of an eyewitness. It is often possible to discredit eyewitness testimony through effective cross-examination and other defense strategies designed to prove that the identification is unreliable.
A Motion to Suppress Evidence can be filed in cases where the police or other law enforcement officials violate your state and federal constitutional rights during the investigation of the case. Illegally obtained evidence may be excluded from use at trial if the trial judge grants the Motion to Suppress Evidence. I will conduct a thorough analysis and investigation of the evidence in your case to determine the most effective defense strategy.
Criminal Trespass
The main difference between the crimes of burglary and criminal trespass is that the burglary statute requires that an individual act with the specific intent to commit a crime upon entry into the building, residence or other structure. The crime of criminal trespass does not require that the accused possess any particular mental state to be convicted of the offense. Criminal trespass crimes fall into various categories depending on the type and severity of the intrusion.
Under 18 Pa. C.S.A. § 3503, criminal trespass is defined in part as:
- A person commits the crime of criminal trespass if, knowing that he or she is not licensed or privileged to do so, he or she:
- Enters, gains entry by subterfuge or surreptitiously remains in any building or occupied structure or separately secured or occupied portion thereof, or;
- Breaks into any building or occupied structure or separately secured or occupied portion thereof.
The criminal trespass statute defines the term “breaks into” very broadly. The definition includes entry by force, breaking, intimidation, unauthorized opening of locks or entrance through an entry not designed for human access.
Penalties for Criminal Trespass
- 2nd degree felony (entry by “breaking in”)
- Up to 10 years in state prison
- Up to $25,000 in fines
- 3rd degree felony (entry by “subterfuge”)
- Up to 7 years in state prison
- Up to $15,000 in fines
Defenses against Criminal Trespass
It is important to contact an experienced criminal defense lawyer as soon as you are charged with criminal trespass. Establishing a defense against a criminal trespass charge is often time sensitive and will require the use of an independent defense investigator to investigate the circumstances of the case.
Importance of a Defense Investigation
A defense investigator will often be able to establish a legal defense by acquiring evidence that the property was abandoned or that the property was open to the public. A criminal trespass charge can be successfully defeated in court if the accused reasonably believed he or she had license, privilege or other lawful permission to enter and remain on the property.
In other cases, a defense investigation may prove that the police or eyewitness misidentified you as the trespasser. Alibi evidence demonstrating that you were at a different location at the time of the crime can often be used to gain an acquittal or dismissal of the charges. I will carefully review the facts and evidence in your case to determine all potential defenses against the charges.
Criminal Mischief
Pennsylvania law defines 6 types of conduct that can qualify as a criminal mischief crime. Those behaviors can include acts that result in property damage, as well as conduct that, while not resulting in property damage, does result in monetary loss to the victim by deception or threat.
Common Criminal Mischief Crimes
Common criminal mischief crimes include “tagging” or spray painting a building, intentionally cutting a telephone line, slashing vehicle tires and breaking vehicle or residential windows. Most criminal mischief crimes occur as a result of a temporary lapse in judgment or when an individual is under the influence of alcohol, drugs or another impairing substance. often result from temporary lapses in judgment and may occur when an individual is under the influence of alcohol or another impairing substance.
Under 18 Pa. C.S.A. § 3304, criminal mischief is defined in part as follows:
- A person is guilty of criminal mischief if her or she:
- Damages tangible property of another intentionally, recklessly, or by negligence in the employment of fire, explosives, or other dangerous means related to causing or risking a catastrophe; or
- Intentionally or recklessly tampers with tangible property of another so as to endanger a person or property; or
- Intentionally or recklessly causes another person to suffer pecuniary loss by deception or threat; or
- Intentionally defaces or otherwise damages tangible public property or tangible property of another person with graffiti by use of any aerosol spray-paint can, broad-tipped indelible marker or similar marking device; or
- Intentionally damages real or personal property of another person; or
- Intentionally defaces personal, private or public property by discharging a paintball gun or paintball marker at that property
Penalties for Criminal Mischief
- 3rd degree felony (damage in excess of $5,000)
- Up to 7 years in state prison
- Up to $15,000 in fines
- 3rd degree felony (interruption or impairment of public utility)
- Up to 7 years in state prison
- Up to $15,000 in fines
- 2nd degree misdemeanor (damage in excess of $1,000)
- Up to 2 years in state prison
- Up to $5,000 in fines
- 3rd degree misdemeanor (damage in excess of $500)
- Up to 1 year in state prison
- Up to $2,000 in fines
- Summary Offense (all other offenses)
- Up to 90 days in jail
- Up to $300 in fines
ARD for Criminal Mischief
In many cases, a criminal mischief charge will be diverted into a pre-trial diversion program such as Accelerated Rehabilitative Disposition (ARD). Common ARD conditions include the payment of court costs and restitution and the completion of community service. Individuals who successfully complete the ARD program are eligible to petition the court for expungement of the records of the case. I can determine if you qualify for admission into the ARD program for your criminal mischief case.
Criminal Mischief Defense
Criminal mischief cases that are not eligible for admission into the ARD program can often be resolved through a negotiated plea agreement to reduced charges. Some criminal mischief cases will proceed to trial before a judge or jury especially when the prosecutor’s evidence is insufficient to prove the guilt of the accused beyond a reasonable doubt.
Common Criminal Mischief Defenses
Common defenses to a criminal mischief crime include proving that the accused had an alibi for the date and time of the crime or challenging the reliability of an eyewitness to the crime. Other defenses include challenging the competency of the police investigation or establishing that the constitutional rights of the accused were violated during the investigation of the case. I have extensive trial experience defending individuals charged with all types of property crimes. I can determine the most effective defense for your case.
Institutional Vandalism
Under 18 Pa. C.S.A. § 3307, institutional vandalism is defined in part as follows:
- A person commits the offense the offense of institutional vandalism if they knowingly desecrate, vandalize, deface or otherwise damage:
- Any church, synagogue or other facility or place used for religious worship or other religious purposes; or
- Any cemetery, mortuary or other facility used for the purpose of burial or memorializing the dead; or
- Any school, educational facility, community center, municipal building, courthouse facility, state or local government building or vehicle or juvenile detention center; or
- The grounds adjacent to and owned or occupied by any facility set forth in the previous sections; or
- Any personal property located in any facility set forth in the previous sections
Institutional Vandalism by Illegal Possession
Possessing the tools to commit institutional vandalism is illegal in Pennsylvania. Under 18 Pa. C.S.A. § 3307 (a.1), individuals may face charges for institutional vandalism if they possess aerosol spray paint cans, broad–tipped indelible markers or similar marking devices with the intent to commit vandalism at any church, synagogue, cemetery, educational facility, government building or property identified under the institutional vandalism statute.
Penalties for Institutional Vandalism
- 2nd degree misdemeanor
- Up to 2 years in state prison
- Up to $5,000 in fines
- 3rd degree felony (desecration or $5,000 or more in damage)
- Up to 7 years in state prison
- Up to $15,000 in fines
Institutional Vandalism Defense
Many institutional vandalism charges involve incidents resulting in damage and destruction to school property. The majority of these cases involve juveniles who were acting as a result of a momentary lapse in judgment. These cases are processed through the juvenile court system, where the emphasis is on the rehabilitation of the juvenile rather than punishment. I have extensive experience with the juvenile court systems in Bucks County Montgomery County and the neighboring counties. I can help you successfully resolve your case if you or a loved one are facing institutional vandalism charges in the juvenile court system.
Juvenile Diversion Programs for Institutional Vandalism
Certain cases involving institutional vandalism can be diverted from the juvenile court system through 1st time offender programs. The Pennsylvania juvenile court system offers the informal adjustment and consent decree programs for eligible 1st time juvenile offenders charged with institutional vandalism. Successful completion of the informal adjustment and consent decree programs will allow the program participants to avoid a formal adjudication of delinquency on the underlying charges.
The informal adjustment and consent decree programs require that the juvenile satisfy certain conditions such as community service, payment of restitution and participation in counseling, if necessary. Individuals who successfully complete the requirements of the informal adjustment or consent decree programs are eligible for expungement of the juvenile records of their case.
ARD Program for Institutional Vandalism
For individuals charged with institutional vandalism in the adult court system, the prosecutor may recommend pre-trial diversion of the case through the ARD program. The ARD program is available to 1st time non-violent offenders. Individuals who successfully complete the ARD program are eligible to have their criminal charges dismissed and their criminal records expunged.
Contested Juvenile Hearing or Trial in an Institutional Vandalism Case
In some cases, the best legal strategy in an institutional vandalism case involves proceeding to an adversarial hearing in juvenile court or challenging the prosecutor’s evidence in a trial in criminal court. This is particularly true in cases where an individual has been falsely accused of a crime or in cases where the prosecutor’s evidence is weak and unreliable. I can examine the evidence in your case to determine the most effective legal strategy to pursue to protect your rights.
Theft from a Motor Vehicle
Under 18 Pa. C.S.A. § 3934, a person commits the offense of theft from a motor vehicle if he or she unlawfully takes or attempts to take possession of, carries away or exercises unlawful control over another person’s movable property in a motor vehicle with the intent to deprive that person of the property.
Penalties for Theft from a Motor Vehicle
- 1st degree misdemeanor (property value over $200)
- Up to 5 years in state prison
- Up to $10,000 in fines
- 2nd degree misdemeanor (property value $50 to less than $200)
- Up to 2 years in state prison
- Up to $5,000 in fines
- 3rd degree misdemeanor (property value less than $50)
- Up to 1 year in state prison
- Up to $2,000 in fines
Penalties for Repeat Offenders
- 3rd degree felony (3rd or subsequent offense in 5 years)
- Up to 7 years in state prison
- Up to $15,000 in fines
Theft from a Motor Vehicle Defense
Often, the police charge an individual with theft from a motor vehicle based entirely on circumstantial evidence. The police rarely arrest a suspect who is in the act of unlawfully removing property from a vehicle. Therefore, these types of cases are often prosecuted based on questionable proof such as informant statements, undependable forensic evidence, alleged possession of the stolen property by the accused, unreliable eyewitness identifications or confessions obtained in violation of Miranda rights. I can review the facts and evidence in your case to develop the most effective legal strategy to protect your rights.
Start with a Strong Defense
If you have been charged with a property crime in Bucks County, Montgomery County or the surrounding counties, it is critical to act quickly to protect your rights and build the strongest possible defense against the charges. Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free initial consultation or fill out the confidential contact form for an immediate response.
