Peter E. Kratsa

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.

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

• Drug trafficking
• Importation and transportation (drug smuggling)
• Drug possession
• Drug paraphernalia
• Drug manufacturing or cultivation
• Drug conspiracy and RICO
• Other federal drug charges

Our attorneys have over twenty years’ practice handling drug cases ranging from the relatively simple (possession of marijuana/ cocaine/ heroin/ oxycodone/ percocet) to extremely complex (multi-defendant drug manufacturing and/or distribution cases). Whether resolving the simple possession matters via summary offenses (typically involving a fine and no supervision), or by way of Diversionary/ Treatment Courts, our attorneys are generally successful in resolving those cases in a manner so as to avoid our client sustaining the misdemeanor conviction and collateral consequence of a driver’s license suspension. It is important that the accused has an attorney well-aware of the direct and collateral consequences to these cases.

The complex cases often involve poring through volumes of “Discovery,” including police officers’ reports, surveillance, and the use of confidential informants. These cases are sometimes fertile ground for “Suppression Hearings,” and litigating these suppression issues are one of my strengths as a criminal defense attorney. Cross-examination of police witnesses, often qualified as experts by the Courts, and cross-examination of cooperating witnesses and informants is also typically involved. Cross-examination is a developed skill for any attorney, and one which our attorneys are well-equipped to handle for our clients.

If you would like to schedule a consultation, please contact any one of our criminal defense attorneys:

Peter E. Kratsa – 610.840.0209
Caroline G. Donato – 610.840.0294
William J. Gallagher – 610.840.0223

Our Pennsylvania Criminal Defense Attorneys have many years of experience handling Juvenile Delinquency matters. Recognizing that youths are deserving of the opportunity to prove that their alleged criminal behavior is aberrational and that they can be rehabilitated, there are multiple available mechanisms to avoid Adjudications of Delinquency without subjecting the juvenile to the jeopardy of a Formal Hearing (Juvenile Trials). It is important that the juvenile have a criminal defense attorney who is aware of these opportunities and can put the client in the best possible position to obtain them.

Our attorneys are equipped and prepared to defend the allegations before a Court, if necessary. We have successfully represented juveniles in numerous Suppression Hearings and Formal Hearings before Masters and Judges in Chester County, Delaware County and other courts throughout the Philadelphia area.

Representative Juvenile matters include:

• Theft, Burglary or Trespassing
• Aggravated and Simple assault
• Arson
• Drug charges: possession, delivery, conspiracy
• Sex Crimes
• Retail Theft
• DUI
• Underage drinking
• Criminal Mischief
• Bullying (Cyber and otherwise)
• Gang activity

While there are many differences between how Pennsylvania Criminal cases are handled procedurally for adults and for juveniles, the importance of the role of the attorney as advocate for the juvenile remains vital at all stages of the proceedings, from the initial interview with the Juvenile Probation Officer through any and all Hearings. Our Pennsylvania Criminal and Juvenile Defense Attorneys are particularly adept at managing the dynamic of the juvenile as client while working with their parents in an effort to encourage suitable behavior and to ultimately obtain a favorable result.

If you would like to schedule a consultation, please contact any one of our criminal defense attorneys:

Peter E. Kratsa – 610.840.0209
Caroline G. Donato – 610.840.0294