A Homicide Which Occurs During a Felony is Considered to be a Second Degree Murder

A homicide which occurs during a felony will almost always result in criminal homicide charges of second degree murder.  A person accused of second degree murder may not have planned to commit a homicide during the commission of a felony such as robbery, kidnapping, rape or arson.  However, when a homicide occurs during the course of a felony, the person who is charged with the homicide as well as any accomplices or co-conspirators will face second degree murder charges. The prosecution in Philadelphia is very aggressive in pursuing all those who were associated with the alleged felony.  The prosecution will not only seek to charge those who were present, they will seek anyone who transported or went along with the alleged felon to the scene of the crime or aided in their escape.  A homicide which occurs during a felony still requires the prosecution to prove their case “beyond a reasonable doubt.”  Lauren Wimmer works to aggressively challenge the prosecution’s version of

Facing Accusations of Fraud in Philadelphia

Philadelphia’s law enforcement and prosecutors have been more aggressively pursuing fraud charges and any allegation of theft by deception.  If you are facing accusations of fraud in Philadelphia you need a proven, aggressive defense attorney will mount a successful defense and work to keep you out of prison. Theft offenses can be quite serious in and of themselves.  When you add the element of deception or the intention to defraud another party the consequences become even more severe.  There are many forms of fraud associated with transactions between individuals or those which occur in a business setting.  In some cases, accusations of fraud in Philadelphia arise out of an attempt to falsify documentation or records in an attempt to gain some type of insurance or government re

Defending First Degree Murder Charges in Philadelphia

Defending first degree murder charges in Philadelphia requires an experienced criminal defense attorney with insight into the most effective arguments in these cases.  First degree murder requires the prosecution to prove beyond a reasonable doubt the accused specifically intended to kill their victim.  Without an effective defense, those accused of first degree murder charges face some of the most severe penalties available under Pennsylvania law. Once a person has been charged with criminal homicide, time is of the essence.  It is important for Wimmer Criminal Defense to thoroughly investigate all aspects of the scene, physical and medical evidence and to interview witnesses before a permanent “version” of what the

Defense for a Juvenile Accused of Committing a Crime in Philadelphia

Are you concerned about a child facing criminal charges?  Are you searching for an aggressive defense for a juvenile accused of committing a crime in Philadelphia?  Wimmer Criminal Defense represents juveniles facing any form of criminal charges.  If the police or a detective ask for permission to speak with your son or daughter, you have the right to politely refuse and to contact us or call 215-712-1212 for a free consultation.  In many cases, the evidence required to convict someone of a crime in Philadelphia comes from the individual themselves.  Juveniles are often intimidated in these circumstances and you should seek the counsel of a proven Philadelphia criminal defense attorney. The Pennsylvania “Juvenile Justice System” works much differently than the system faced by adults.  Most accused offenders under the age of 18

Aggressive Weapons Charges Defense in Philadelphia

Philadelphia is known for aggressive prosecution on gun and weapon charges.  If you are facing gun or weapons charges you need an aggressive weapons charges defense to achieve the best possible outcome in your case.  Weapons charges are often called “VUFA” charges, referring to the “Violation of the Uniform Firearms Act.”  There are no statutory sentencing provisions for those who are convicted of a gun crime for the first time.  This is an example of a situation where an aggressive weapons charges defense attorney can make a big difference in the outcome of your case. Wimmer Criminal Defense defends juveniles and adults who are accused of many gun or weapon related offenses including but not limited to:Carrying a firearm on public property or on a public street Carrying a firearm without a license

What is a PWID Drug Charge in Philadelphia

What is a PWID drug charge in Philadelphia and what are the potential consequences of these charges?  Possession With the Intent to Deliver or PWID, often referred to as drug trafficking, is considered to be much more serious than other drug crimes such as possession.  PWID charges are used in cases of drug manufacturing, the delivery of drugs (whether they are actually purchased or not) and possession of drugs or narcotics with the intent to deliver.  There is a big difference between possessing drugs and the intention to deliver or manufacture them under Pennsylvania law.  Whenever Philadelphia police apprehend a party with a substantial amount of drugs and other items such as cash, paraphernalia, scales, baggies, weapons or other crimi

What Constitutes Criminal Homicide in Philadelphia

What constitutes criminal homicide in Philadelphia and throughout the state of Pennsylvania?  Criminal Homicide is a more general term under Pennsylvania law which refers to knowingly, intentionally, recklessly or negligently causing the death of another person.  This is where it can become a bit confusing: a person may be charged with the crime of criminal homicide in Philadelphia, but ultimately the charges must be broken down into specific charges.  The degree and nature of these specific charges has a significant impact on the associated consequences. Generally speaking, the crime which constitutes criminal homicide in Philadelphia is ultimately broken down into two types of charges: murder or manslaughter. Pennsylvania law divides murder charges into three “degrees”: First Degree Murder – generally requires the prosecution to prove beyond a reasonabl

The Defense of Arson Charges in Philadelphia

The severity of the consequences associated with arson charges in Philadelphia reflect the danger of destroying a building or residence by fire and threatening the lives of anyone who may be in or near the structure at the time of the fire.  Arson charges in Philadelphia are based upon an intentional act to start a fire or cause an explosion, or the act of advising, paying or agreeing to pay another person to cause a fire explosion whether the property involved belongs to that person or not. The prosecutor must also establish that the actions of the alleged arsonist recklessly placed another person at risk of injury or death (including but not limited to police officers, firefighters, paramedics) or that the fire or explosion was caused with the “specific intent” of causing damage to or destroying a home or occupied building. Simply starting a fire does not in and of itself constitute arson.  The pr

What is Criminal Mischief?

What is criminal mischief and what is the penalty associated with this criminal charge in Philadelphia?  Mischief is often used in a playful or positive sense, as in, “He has a mischievous personality,” or “she’s always up to some social mischief” (a positive stirring of a social event or social media for the purpose of advancing the conversation).  The charge of criminal mischief is based upon the destruction of personal property.  It is often charged in connection with other offenses such as vandalism, theft, trespassing or breaking and entering.  It can also be a stand-alone charge. For example, when a person “tags” a structure or building with graffiti the act of defacing the property is considered to be vandalism, but the act of damaging the underlying property is criminal mischief. The law has established six separate examples of what constitutes criminal mischief

Drug Possession Charges in Philadelphia

Many underestimate the severity of drug possession charges in Philadelphia and the harsh consequences a defendant may face.  Attorney Lauren Wimmer serves on the NORML legal committee and is committed to ensuring all those accused of drug possession in Philadelphia are treated with dignity and have the opportunity to mount an aggressive criminal defense. In some cases involving drug possession charges in Philadelphia it may be possible to seek a diversionary solution which allows a first or second time offender to have the opportunity to work through a recovery or rehab program in place of a criminal trial.  It may be possible to request the dismissal of charges or an expungement of associated records once a diversionary program is successfully completed. One of the diversionary programs available in Philadelphia is SAM or Small Amount of Marijuana. The defendant must be arrested with less tha