Assault Crimes in Pennsylvania

Posted on December 2, 2011 by kusturisslaw

Media, PA Criminal Defense Attorneys

An Assault charge may be leveled against someone when that person threatens violence/attempts to commit violence against another or when the person has actually struck or attacked, or otherwise committed unwanted physical contact upon another.  Depending on the gravity of the crime, assault can be charged as a misdemeanor or a felony in Pennsylvania and a conviction can result in a prison sentence up to 20 years.  If you have been charged with an assault it is a serious matter and you should consult with an experienced Pennsylvania criminal defense attorney immediately.

In the Commonwealth of Pennsylvania assault committed against certain classes of individuals carry a more severe penalty, Including:

  • Minors
  • Police officers, firefighters and other public employees
  • senior citizens

Another factors in determining sentencing on an assault conviction is whether the defendant committed another crime at the same time.  For example, if an individual assaulted the vehicle owner during a carjacking, he or she may receive a more severe sentence.  The court and the prosecutor also weigh the intent of the defendant in determining the severity of charges and punishment.

A simple assault that does not result in serious injuries typically is charged as a misdemeanor and a conviction may result in up to two years in prison.  A conviction on an aggravated and/or felony assault however, can result in a sentence of up to 20 years in prison, depending on the circumstances.

Talk to a Pennsylvania criminal defense attorney today:

Being charged with any crime is confusing and frightening.  Don’t face criminal charges alone, contact the Law Offices of John E. Kusturiss, Jr. online or call 610-565-0240 to learn how we can help you!

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Medicaid / Medicare Fraud in Pennsylvania

Posted on November 11, 2011 by glmain

Recent reports estimate that Medicaid/Medicare fraud costs the U.S. government about 60 billion dollars annually and so federal prosecutors take Medicaid/Medicare fraud very seriously.  And if you are involved in an improper Medicaid/Medicare claim you could become the target of a government fraud investigation.  Even if you were not actively involved but were aware of improper or irregular billing practices you could face conspiracy charges and will need the help of an experienced Pennsylvania criminal defense attorney.

Common examples of Medicaid/Medicare fraud include:

  • Billing for tests not performed
  • Performing inappropriate or unnecessary procedures
  • Charging for equipment and/or supplies that were never ordered
  • Billing for new equipment when the patient was provided with used equipment
  • Having someone other than a physician fill out a Certificate of Medical Necessity such as a drug/equipment supplier
  • Billing for a defective or incomplete test
  • Inserting false diagnosis codes to get Medicare coverage/reimbursement
  • Using multiple codes when one inclusive code is required by the rules and regulations or submitting multiple bills to obtain a higher reimbursement when one bill should have been submitted.
  • Charging more than once for the same service or procedure
  • Inflating bills by using codes that indicate more complex and expensive procedures and medications were used than actually were
  • Submitting false reports in order to obtain higher reimbursement
  • Waiving patient co-payments

Get serious help for a serious charge

Whether you are a doctor accused of an unnecessary procedure, an administrator accused of falsifying billing or a patient accused of falsely attesting to receiving a procedure, we can help.  If you have been charged with or are under investigation for Medicaid/Medicare fraud, contact The Law Offices of John E. Kusturiss, Jr. online or call 610.565.0240 to discuss your case.

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Pennsylvania Weapons Offense Defense Attorney

Posted on October 7, 2011 by glmain

In the Commonwealth of Pennsylvania, if a weapon was used in the commission of a crime, or was allegedly in your possession at the time of the crime you face sentencing enhancements.  A sentencing enhancement increases the length of your sentence if convicted.  Pennsylvania has severe weapons offense laws which could conceivably add several years to your sentence depending on the circumstances of your case.  An experienced Pennsylvania weapons offenses defense attorney can represent you in weapons charges including:

  • Carrying a concealed weapon
  • Carrying a weapon without required permits
  • Being a convicted felon in possession of a firearm

When weapons charges are involved in any violent crime, including domestic abuse, assault, homicide, stalking, and kidnapping the defendant is at greater risk for severe sentencing if convicted.  Even a simple altercation can be construed as aggravated assault or attempted murder.

In Pennsylvania, weapons laws are not restricted to handguns and the state has a long list of prohibited offensive weapons including:

  • Any bomb
  • Grenade
  • Machine gun
  • Sawed-off shotgun with a barrel shorter than 18 inches
  • Firearm specifically made or modified with a silencer
  • Blackjack
  • Sandbag
  • Metal knuckles
  • Dagger
  • Knife
  • Switchblade
  • Stun gun
  • Stun baton
  • Taser, or any electronic weapon

An experienced Pennsylvania criminal attorney is your best defense

An experienced Pennsylvania criminal defense attorney can investigate the circumstances of your case and mount an effective defense.  Whether you were unaware of registry expiration, that you were violating concealed weapons laws, your constitutional rights were violated by law enforcement or other circumstances brought about the weapons charge.  Contact the Law Offices of John E. Kusturiss, Jr. online or call 610-565-0240 and schedule a free initial consultation to discuss your weapons offense case today.

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Drug Arrests Made at Boeing Plant in Delaware County

Posted on September 30, 2011 by kusturisslaw

On September 29, 2011, Federal agents swooped down on the Ridley, Delaware County, Boeing plant and arrested more than 30 current employees.    At a press conference held later in the day, U.S. Attorney Zane Memeger, indicated that the arrests were the result of a four year Federal Investigation into the illegal distribution of prescription medications, such as the high-powered painkiller oxycodone.  Of the thirty-seven people arrested, those individuals that were Federally indicted for illegally distributing the narcotics will face maximum penalties that can range from 10 years in prison and $500,000.00 fines.

If you or someone you love is one of the thirty-seven people, arrested in connection with the September 29th Boeing raid contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. today to meet with an experienced attorney for a free consultation.

At the Law Offices of John E. Kusturiss, Jr., P.L.L.C., we will fight on your behalf to ensure that your rights are protected and your case comes to a fair resolution.

 

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Diabetes and Driving Under the Influence

Posted on September 16, 2011 by kusturisslaw

Diabetes affects about 25.8 million people in the United States.  It is a disease in which the body does not properly produce or use insulin, one of the primary hormones that regulate blood sugar levels.  In defending a driving under the influence or DUI charge, diabetes may cause your diabetic client to have complications that would not be present in other clients.  Namely, a diabetic may be suffering from a diabetic emergency that mimics alcohol impairment or your client could be suffering from the byproducts of diabetic metabolism that interfere with breath testing and perhaps even blood testing instruments.

Diabetics have difficulty regulating their blood sugar levels, as a result this can lead to a diabetic developing one of two dangerous conditions: hyperglycemia (high blood sugar) and/or  hypoglycemia (low blood sugar).  Both hyperglycemia and hypoglycemia can cause altered states of consciousness and poor driving which can be mistaken for alcohol impairment.  Additionally, Ketosis (when the liver converts fats to fatty acids and ketones when the body is not getting enough glucose into the cells) can even add a breath odor to a diabetic that can easily be confused with ethanol.  As a result there are many anecdotal reports of diabetics being arrested for driving under the influence when in fact they were having a diabetic emergency.

If you or a loved one is a diabetic and has been charged with Driving Under the Influence (DUI) contact the Law Office of John E. Kusturiss, Jr. P.L.L.C. today for a free consultation.

At the Law Office of John E. Kusturiss, Jr., we promise to take the time to  examine all contributing factors in your case to ensure that you are not convicted merely for “perceived” DUI symptoms that are actually the result of your diabetic emergency.

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Expungements…Should I get one?

Posted on September 6, 2011 by kusturisslaw

Simple answer, Yes!  If you have been convicted of a summary offense, made an admission to a juvenile offense, have been acquitted of a criminal offense or have participated in a diversionary program, it is worth your time and money to hire an attorney to have that record expunged.

Prior convictions accumulate into what is called a prior record score; the more convictions you accumulate the higher your prior record score becomes.  Your prior record score is important because it helps dictate your sentencing guideline range, i.e. how much potential jail time you will serve on a new offense.  Therefore the higher your prior record score becomes the harsher the potential punishment for a new offense becomes.

While most convictions are not expungeable, in some instances summary convictions and Juvenile Admissions can be expunged.  Contact The Law Office of John E. Kusturiss, Jr., P.L.L.C., today to see if your summary conviction or Juvenile Admission is expungeable.

Additionally, in today’s current job market, where most company’s used to only look at whether potential employees had a felony or misdemeanor conviction; now, even the record of an arrest may be enough to take you out of contention for a potential job.

While diversionary programs let you escape without a conviction they still leave you with a criminal record.  An employer will see that the charges were dismissed but they will also see that you were charged in the first place and this will leave you with a lot of explaining to do.

If you or someone you love is considering petitioning the Court for an expungement contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. today to meet with an experienced attorney for a free consultation.

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Police Brutality and Your Civil Rights

Posted on August 30, 2011 by glmain

Stories of police brutality are often splashed across the headlines and inspire different responses from suspicion to sympathy among the public. And while there have been instances of false accusations of police brutality, generally such accusations are not made lightly. Police brutality is often a violation of federal and state civil rights laws and allows individuals to sue for civil rights violations.  Examples of police brutality include:

•           Excessive physical force
•           Physical assault
•           Sexual abuse/assault
•           Violent threats
•           Intimidation
•           False arrest
•           Racial profiling
•           Verbal abuse

If you have suffered injuries at the hands of a police officer, prison guard or other law enforcement officer or officials you may be entitled to compensation for your losses such as:

•           Medical costs
•           Lost past and future income
•           Emotional distress
•           Pain and suffering
•           Loss of consortium (companionship)

Police brutality is a violation of your civil rights and violations often fall under:

•  The first amendment, which guarantees freedom of speech and protection against retaliation for speaking out about issues of public concern.
•  The fourth amendment, which protects against illegal searches and seizures and police brutality.
•  Fifth and fourteenth amendments, which protect against unlawful arrest and wrongful conviction relative to their due process clauses.

Further, The Civil Rights Act of 1964 prohibits federal and state governments to discriminate against you based on race, color, religion, sex or national origin.

Discuss Your Case with a Pennsylvania Civil Rights Attorney

A police brutality case requires an experienced attorney who understands civil rights laws and personal injury law in Pennsylvania.  Contact The Law Offices of John E. Kusturiss, Jr. online or call 610.565.0240 and schedule a free consultation to discuss your police brutality case.

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Collateral Consequences of Felony Convictions!

Posted on August 19, 2011 by kusturisslaw

When facing a felony offense you may be inclined to focus on the immediate consequences of such an offense; namely imprisonment and monetary fines.  However, the consequences of a felony conviction do not end there.  A convicted felon 1) loses the right to vote, hold public office or run for office; 2) loses the ability to carry a firearm; and 3) could lose professional licenses or permits.

In addition to the above, The Department of Children and Families (DCF) must deny a license or approval for a foster family or prospective adoptive family if any member of the family’s household was convicted of a crime that falls within certain categories of crimes such as violent crimes against a person or sale of controlled substances.  Eviction proceedings can be brought against you if you are living in Public Housing and a higher education student is not eligible for federal assistance if he is convicted under federal or state law of a crime involving possession or sale of a controlled substance.  This includes grants loans or work assistance.

In short the consequences of a felony conviction reach far beyond the immediate consequence of imprisonment and fines.  If you or someone you love is facing a felony conviction contact the Law Office of John E. Kusturiss, Jr., P.L.L.C. today to meet with an experienced attorney for a free consultation.

A felony conviction is a serious matter, with far reaching consequences, make sure you take the time to hire an experienced attorney that can effectively advise you on all you have to lose.

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Identification

Posted on August 12, 2011 by kusturisslaw

When facing criminal charges positive identification is a cornerstone of the prosecution’s case.  In many cases positive identification of the defendant as the perpetrator of the crime will make or break the prosecution’s case.  Gone are the days where identification testimony was based solely on a victim or witnesses’ own observations of the culprit of the crime.  Today video, still pictures and voice recognition are widely used.  With the advances in technology, defendants need to be represented by an experienced attorney that is ready to effectively challenge identification testimony in all its forms.  Resemblance and identification are very different and an experienced attorney knows the right questions to ask to make sure the jury knows this!

We live in a technologically advanced society, cell phone are capable of not only taking pictures, but video as well, convenience stores and banks are equipped with security camera’s and the local news and internet are quick to broadcast grainy still frame pictures taken from same.  While many attorney’s might be intimidated by this identification evidence at the Law Offices of John E. Kusturiss, Jr., P.L.L.C. we are ready to think outside of the box and make this evidence work for you.

If you or a loved one has been arrested and you feel there is an identification issue, don’t delay contact the Law Offices of John E. Kusturiss, Jr., P.L.L.C. for a free consultation today.

 

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Juvenile Crimes in Pennsylvania

Posted on July 28, 2011 by glmain

If you are a minor (under age 18) or the parent of a minor who faces criminal charges, you should speak to an experienced Pennsylvania juvenile criminal defense attorney.  An adjudication for a serious crime, even as a juvenile, can have a long-lasting impact on your future and can affect your ability to obtain scholarships, reduce employment opportunities, and damage your reputation and relationships.

The juvenile court system operates very differently from the adult criminal justice system and has its own set of rules and procedures.  While the goal of Juvenile Court is to rehabilitate rather than punish; it is still possible to be sentenced to a juvenile placement facility for serious offenses. Throughout the state there are placement programs for drug and alcohol problems and for children who have committed sex crimes.  For less serious offenses, juveniles may be allowed to stay in their home under the supervision of a juvenile probation officer.

The criminal justice system can be frightening and intimidating and law enforcement personnel may employ scare tactics to encourage you to make admissions that are not in your best interests. Therefore it is very important that you remain silent until you have the opportunity to speak to your attorney.  Juvenile offenses range from minor to serious including:

  • Truancy
  • Theft
  • Shoplifting
  • Vandalism/graffiti
  • Assault
  • Underage drinking
  • Drug offenses
  • Sex offenses

Contact a Pennsylvania Juvenile Criminal Defense Attorney

Juvenile crimes have decreased in recent years which may mean that the rehabilitative approach is the right solution for juvenile offenses.  However, if you are a minor in trouble with the law or your child has been charged with a crime, contact a juvenile criminal defense attorney immediately.  Contact The Law Offices of John E. Kusturiss, Jr. online or call 610.565.0240 and schedule a consultation to discuss your juvenile crime matter.

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