Philadelphia’s Most Common Criminal Charges and How to Defend Against Them

Philadelphia is home to more than 1.5 million people, making it the sixth most populous city in America. As a result of its high population density, the city also consistently reports crime rates higher than the national average. Philadelphia police are always busy, and if you have been arrested for a crime, you may be wondering what is the best way to defend yourself in court.

Do you need a criminal defense lawyer in Philadelphia? As a Philadelphia criminal defense attorney for more than 30 years, Mark D. Hauser has defended clients of all ages and backgrounds against criminal charges. He strives to ensure that the rights of his clients are always protected. Here are some of the most common criminal charges he has seen over the course of his career and some strategies for defending against them:

Theft

The crime of theft involves intentionally taking something that belongs to another person. In Philadelphia, theft can involve acts like shoplifting and package theft of items with a relatively low value or theft of motor vehicles and other, more valuable items.

In defending against theft charges, criminal defense attorneys can employ several strategies. Ideally, they will be able to get charges dismissed due to lack of evidence. In other cases, they can attempt to challenge the intent element, which is essential to obtaining a conviction. If the prosecution can’t prove you intended to steal an item, their case will quickly fall apart. They may also try to establish a lack of ownership of the allegedly stolen item. If ownership cannot be established, then no theft actually occurred, even if you did actually take the item in question.

In cases where the prosecution has the evidence they need to convict, an attorney may try to challenge the circumstances under which that evidence was obtained. If police or prosecutors violated your 4th amendment rights against illegal search and seizure, or if they violated your 5th and 6th Amendment rights when questioning you, any evidence obtained through those means could be inadmissible in court. As a criminal defense attorney in Philadelphia, PA, Mark D. Hauser can help you.

Driving Under the Influence (DUI)

Drunk driving is a serious charge, and those driving under the influence are responsible for thousands of fatal car accidents every year. Unfortunately, police can be somewhat overzealous in enforcing DUI laws. Mark D. Hauser offers services as a DUI lawyer in Montgomery County, PA. If you have been arrested for driving under the influence, your attorney will generally try to challenge the validity of the traffic stop that led to your arrest or challenge the validity of the evidence being presented against you.

In order to stop you and conduct further tests, police must have a reasonable suspicion that you were driving under the influence or were committing other crimes. In many past cases, police have pulled over a driver on a hunch without having probable cause or have set up illegal DUI checkpoints. In cases like these, any evidence obtained may be inadmissible, as your rights were violated in the process of obtaining it. This can include field sobriety test results, breathalyzer test results, and more, even if they show that you were intoxicated.

The results of those tests can also be challenged, as they are often inaccurate. For example, a breath test can be artificially inflated if you are taking certain medications, are living with certain medical conditions, or if the machine used in the test was not properly calibrated. If you failed a field sobriety test, know that these tests are made intentionally difficult to pass, even for completely sober people. Your field sobriety test results can be dismissed for various reasons, and if the prosecution has no other evidence, your charges could be dropped.

Assault

In assault cases, the most common defense used is that the defendant acted in the defense of themselves, of others, or of their property. If you physically harmed another person because you believed you were in imminent danger or that you believed another person was in danger, your use of force can be justified. In the case of protecting your property, the use of force may be justified, but only if it is proportional to the threat posed. Hire Mark D. Hauser as your go-to assault attorney in Philadelphia.

Drug Charges

Looking for a drug defense attorney in Philadelphia, PA? Criminal charges related to drugs can stem from the possession, distribution, and manufacturing of any controlled substance. In defending against drug charges, your attorney may try to establish that your rights were violated during a search of your vehicle, your home, or your person, making any evidence obtained inadmissible. Police may have also violated your rights during your arrest or questioning.

In many cases, defendants are arrested on drug charges by association with another person who was in their vehicle or in their home. In cases like these, an attorney may try to prove that you did not know that the other person had illegal substances. In the past, police have also been caught planting drugs on suspects to justify unlawful stops and searches or have illegally entrapped suspects into purchasing drugs in a sting operation.

Philadelphia Criminal Defense Attorney

The charges listed above are just a few of the most commonly seen in the city of Philadelphia. If you have been charged with any crime, do not answer any questions under any circumstances until you have an attorney present. Doing so could give the prosecution evidence they can use to convict you. Whether you are guilty or innocent, do not speak to police until you have representation from an attorney.

Mark D. Hauser has decades of experience representing clients accused of crimes including DUI, drug possession, assault, theft, and more. If you have been arrested in the City of Brotherly Love or in surrounding communities, get in touch with him before you speak to the police. Call (267) 584-4093 if you need a DUI lawyer in Philadelphia, PA, or an attorney for any other criminal charge.