State Trials

State Trials

Wiseman & Schwartz provides representation at trial in defense against serious state criminal charges, including homicide and assault. 

Homicide Charge
In Pennsylvania, homicide is broken down into two categories: murder and manslaughter. 
Murder is a killing with "malice." "Malice" is a legal term that means a wickedness of disposition, hardness of heart, cruelty, recklessness of consequences, and a mind regardless of social duty, although a particular person may not be intended to be injured. Any strong defense at trial must convince the jury that the Commonwealth has either not proved that you were involved in the killing, or, if you were involved, has not proved that you acted with malice. There are three different classifications of murder in the state of Pennsylvania, which include: 

First degree murder is an intentional killing.

Second degree murder is a killing that is committed while the defendant is committing another felony (such as robbery or burglary). For second degree murder, you can be charged with the killing even if you were just involved in the felony and did not actually commit the killing.
 
Third degree murder is a killing where the defendant does not intend to kill, is not involved in a felony at the time of the killing, but where he still demonstrates "malice." 
Manslaughter is an unlawful killing committed in the absence of malice. There are two different classifications of manslaughter in the state of Pennsylvania, which include: 

Voluntary manslaughter is a killing without malice, where the defendant kills under a sudden and intense passion that results from serious provocation from the person who is killed (or kills someone else by mistake, while trying to kill the provoker).

Voluntary manslaughter is also a killing where the defendant genuinely believes that circumstances are such that, if they existed, would justify him acting in self-defense, but his belief is unreasonable.

Involuntary manslaughter is when as a direct result of committing an act in a reckless or grossly negligent manner, he causes the death of another person. 

Assault Charge
There are several different types of assault charges in Pennsylvania, including:
First degree felony aggravated assault: Where the State has charged you with attempting to cause serious bodily injury to another, or causing such injury intentionally, knowingly or recklessly under circumstances manifesting extreme indifference to the value of human life.
Second degree felony aggravated assault: Where the State has charged you with attempting to cause or intentionally or knowingly causing bodily injury to a police officer in the performance of duty.
Misdemeanor simple assault: Where the State has charged you with attempting to cause or intentionally, knowingly or recklessly causing bodily injury to another. 
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