Caroline was referred to me by a well respected fellow attorney. Her level of professionalism, timeliness, organization, responsiveness, knowledge and ability to navigate the legal system was excellent. She made a challenging situation navigable. I respect and appreciate her. Highly recommend.
Caroline G. Donato
Second Chance at Life
I brought on Caroline to help me battle a felony along with two misdemeanors extending from several mistakes that I made. She is extremely knowledgeable and was beyond helpful throughout the entire mitigation process and in a little under 9 months was able to negotiate me a deal to keep me out of jail and give me a second chance at life. Words don’t express the gratitude I have for Caroline and the rest of her team. Hands down the best lawyer out there.
Corporate Compliance and Internal Investigations
White Collar Defense
- Bribery
- Tax evasion
- Counterfeit crimes
- Embezzlement
- Environmental law violations
- Public corruption
- Money laundering
- Insider stock market trading
- Organized crime (not including acts of violence)
- Intellectual property theft
- Antitrust violations
Our attorneys have achieved successful resolutions of “White Collar” cases in the Eastern District of Pennsylvania and successfully positioned potential “targets” or “subjects” in avoiding Indictment altogether. These cases are intellectually challenging, between navigating the complex Federal Statutes and Sentencing Guidelines. Our attorneys embrace the challenge of defending these cases while never losing sight of the fact that they are particularly traumatic for the client, as the stakes are generally very high.
If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.
DUI and Homicide by Vehicle Defense
The Pennsylvania DUI Statute penalizes driving while impaired (“…imbibing a sufficient amount of alcohol such that the individual is rendered incapable of safely driving…”) and additionally penalizes 3 “Tiers” of driving with Blood Alcohol Contents (“BAC”).
- Tier 1 includes BAC’s of .08% to less than .10%.
- Tier 2 includes BAC’s of .10% to less than .16%.
- Tier 3 includes BAC’s of .16% and above.
The Statute also prohibits driving with any amount of certain controlled substances and/or metabolites of certain controlled substances in an individual’s blood, driving under the influence of a combination of alcohol and drugs to a degree rendering them incapable of safely driving, driving under the influence of a solvent or noxious substance. Finally, minors (those under 21 years of age) are prohibited from driving with BAC’s of .02% or greater.
Blood or breath samples must generally be taken within two hours of driving, or being in “actual physical control” of the vehicle (one example: behind the wheel, car running…there are other scenarios). Fun fact: a bicycle qualifies as a “vehicle” for purposes of the DUI statute, however, one can ride a bicycle and not run afoul of the Driving Under Suspension Statute.
Examples of successful DUI defenses we have employed include the inability of the Commonwealth to prove beyond a reasonable doubt that the client was operating the vehicle, faulty testing procedures, or questionable test results, or the inability to prove impairment in the event of a “refusal” to give a blood or breath sample (generally not recommended, as this subjects the individual to a one-year suspension separate and apart from any suspension related to the DUI allegation).
Typically, first offense DUI’s are resolved by way of a county’s ARD Program. We often describe ARD to clients as an expensive “do-over.” Successful completion of ARD means no conviction, and also allows for Expungement (destruction) of the non-conviction criminal records. The notable exception to expungement is that the individual’s driving record will maintain the ARD disposition for 10 years, which is the “look back” period in Pennsylvania. While ARD is not a conviction for any other reason, it will be used to enhance any subsequent DUI incurred within 10 years of the date of the ARD disposition. Standard conditions of the ARD probation (again, probation without any verdict or admission of guilt) are a Court Reporting Network interview (“CRN”), Alcohol Highway Safety School (“AHSS”…we’re big on acronyms in the criminal justice system), a drug and alcohol evaluation, a license of up to 3 months and community service.
DUI’s not disposed of by way of ARD (examples: a first offense involving a fatal accident or accident resulting in serious bodily injury or incurred while a passenger under 14 years of age was in the vehicle or, a second or third offense within 10 years) are subject to graduated penalties (based primarily on the number of offense and the level of the BAC) ranging from probation to very short periods of incarceration (2 or 3 days), all the way up to one year in prison. Most counties also have Intermediate Punishment, which programs reduce otherwise mandatory terms of incarceration by substituting electronic home confinement (“house arrest”) and/or residential drug and alcohol treatment.
If you would like to schedule a consultation, please call the firm at 610.436.0100 or submit the contact request form.
Violent Crimes Defense
Criminal Homicide
Is categorized in Pennsylvania as Murder of the 1st Degree (a premeditated, intentional killing), Murder of the 2nd Degree (a homicide committed during the course of a felony) and Murder of the 3rd Degree (defined as “all other kinds of murder,” this offense requires “malice,” a legal term generally defined as “hardness of heart, cruelty, and recklessness of consequences.”)
MacElree Harvey’s representative cases include representing accomplices to an underlying felony (i.e., robbery) who find themselves charged with 2nd Degree Murder when another accomplice commits a homicide during the course of the robbery. 3rd Degree Murder cases have included Homicide by Vehicle cases involving allegations of “sustained recklessness”…an example being particularly extended periods of dangerous driving, perhaps with an attempt by others to get the driver to pull over, prior to the accident causing death.
Aggravated Assault, Assault With A Deadly Weapon And Related Gun Charges
Aggravated Assault involves attempting to cause or causing serious bodily injury, which is defined as injury creating a substantial risk of death, or which causes serious, permanent disfigurement or protracted loss or impairment of a bodily member or organ. Aggravated Assault also includes attempting to cause, or causing, bodily injury (impairment of physical condition or substantial pain) with a deadly weapon. Finally, an attempt or causing of bodily injury on certain protected class members (i.e., police officers or school teachers) is also chargeable under this felony statute.
Aggravated assault is typically charged by the Commonwealth whenever there is any evidence of an attempt to cause serious bodily injury or serious injury incurred by the alleged victim. MacElree Harvey has successfully defended against this charge, notwithstanding clear serious bodily injury suffered by the victim, on the theory that the Commonwealth cannot establish “malice” as defined above in the context of third degree murder. This is a very important concept for the effective defense attorney to review in assessing whether Aggravated Assault can actually be established by the Commonwealth beyond a reasonable doubt, as malice is clearly a required fact that the District Attorney must be able to establish to the fact-finder.
Simple Assault
Simple Assault is a misdemeanor involving either the infliction of bodily injury or putting someone in fear of “imminent serious bodily injury” (the classic example being pointing a gun at someone without legal justification).
A successful defense of this charge might involve having it downgraded to a summary offense (i.e., harassment) resolving the case quickly with the payment of a fine.
Manslaughter
Voluntary Manslaughter is an intentional killing committed “under a sudden and intense passion resulting from serious provocation,” this includes a scenario wherein the defendant unreasonably believes that the homicide was justified (e.g., an unreasonable act of self-defense).
Involuntary Manslaughter is an unintentional killing committed during the course of reckless or grossly negligent conduct.
If you would like to schedule a consultation, please submit the contact request form or contact any one of our criminal defense attorneys:
Peter E. Kratsa – 610.840.0209
Caroline G. Donato – 610.840.0294