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Freedom And Your Future

Our Philadelphia criminal lawyers have over 25 years
of combined legal practice – handling some of the
toughest cases in the country.

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SKA Law is a premier, Philadelphia criminal defense law firm, founded by professional criminal attorneys. We take on cases other law firms turn down, because we know how to fight – and when to negotiate. Our goal is to get you the best outcome possible. No fluff. No nonsense. Our focus is results.

Montgomery County Rape Lawyers

Rape in Pennsylvania is defined under 18 Pa. Cons. Stat. § 3121. For an individual to face a rape conviction in Pennsylvania, the prosecuting attorney must prove that the accused engaged in sexual intercourse with another individual with one of the following factors present:

  • The victim was unconscious or not aware that the intercourse was taking place;
  • The victim was not capable of consent because of a mental disability;
  • The accused gave the victim alcohol or drugs without the victim’s knowledge to engage in sexual intercourse;
  • The accused threatened the victim to prevent resistance;
  • The accused used force.

What are the Penalties if Convicted of Rape in Pennsylvania?
If an individual is charged with rape in Pennsylvania, it is a first degree felony offense. The penalties for a first degree felony in Pennsylvania could include a fine up to $25,000. An individual convicted of rape could also face up to 20 years in prison.

There are some circumstances that can lead to additional penalties, which could extend the sentence and increase fines. According to 18 Pa. Cons. Stat. § 3121(b), if the accused gave the victim any type of substance to prevent resistance, it could add 10 years to a prison sentence. The same section states that under these circumstances, fines could be increased up to $100,000.

In Pennsylvania, rape that involves children can also carry a longer sentence, which is especially true if the child was injured during the act. If an individual is accused of raping a child under the age of 13, the accused could face up to 40 years in prison. When a child was seriously injured, the accused could face a life sentence in prison if convicted.

Those who are convicted of rape in Pennsylvania must also register as a sex offender. If it is a Tier III offense, those convicted will have to register as a sex offender for the remainder of their lives. When an individual fails to register as a sex offender in Pennsylvania, it could lead to additional prison time and more fines.

What You Should do if You are Charged With Rape
If you are arrested for rape, it is important not to provoke the arresting officer. Typically, those charged with rape will have to remain in jail overnight. You should not speak with the police about the circumstances that surround your arrest. Anything that you say can be used as evidence during your trial, and what you say can easily be taken out of context and used against you. When the police try to question you, the best course of action is to politely tell them that you will not answer any questions until your attorney is present.

The Importance of a Criminal Defense Attorney
If you have been charged with rape, it is vital to hire a skilled criminal defense attorney as soon as you can. A defense attorney can investigate the situation and determine if there is any evidence other than the the claimant’s accusation. When the only evidence is the accusation, a defense attorney may be able to discredit the accusation if it is not true. There are also instances of mistaken identity, and a criminal defense attorney can help those in these situations prove their innocence.

If you are convicted of a rape charge, the penalties can be damaging. Pennsylvania has established strict laws and penalties for those convicted of rape, and the negative consequences can last for many years after the case concludes. A criminal defense attorney can help those accused of rape establish a solid defense, and they can ensure their clients rights are always protected.

If you have been charged with rape in Montgomery County, contact our law office to schedule a consultation. Our team of criminal defense experts have the legal knowledge and experience to help.

If you’ve been accused of rape, it can sometimes lead to significant changes in your life. As soon as you are charged with the crime, you need to contact an attorney who can offer the assistance that you need to provide evidence that you didn’t commit the crime. However, an attorney can also offer assistance in getting your sentence reduced or your charges reduced if you are found guilty. Rape is a charge that you need to take very seriously as it can result in your family members and friends looking at you in a different light and impacting the jobs that you can hold.

If you engage in sexual activity with another person who doesn’t comply with your actions, then you have committed the crime of rape. The victim can be female or male. There are a few factors that should be noted about rape. You will be charged if there was any kind of force involved at all or there was even the threat of using force against the other person. If you are aware that the victim does not know that the sexual act is taking place, then you can be charged with rape. Using any kind of drugs to alter the mental or physical state of the victim so that the person is unable to comply with your sexual actions and requests constitutes rape. You can also be charged with the crime if the person is physically or mentally handicapped that prevents them from complying or rejecting your actions.

This is one of the most serious crimes as it’s often considered a first-degree felony in Delaware County. You can be sentenced to spend up to 20 years in prison. An attorney can offer details about your criminal background and the events surrounding the charges to try to keep your sentence to a minimum. If a drug was used during the rape, then you can spend up to 10 additional years in prison.

If you rape a child who is under the age of 13, then you can be charged with a first-degree felony. It can also be considered statutory rape. The age of the child will often play a factor in determining your sentence. Any injuries that occurred to the child will likely result in a punishment that is more severe than if there were no injuries to the child. Rape of a child can result in up to 40 years in prison.

Sometimes, a person you know could accuse you of rape because that person is angry about something that you did or is trying to make your life miserable for some reason. Even if you are arrested because of the accusations, you might not be convicted of rape. This is where an attorney is important to have on your side because evidence to negate the rape charges can be introduced in court. There are times when you and another person take part in a sexual act with drugs or alcohol involved in the decisions that you make. Although you might not have a clear mind about what happens at the time, you might think that the sexual activity was consensual because you were talking to the other person before you engaged in intercourse. The other person could make a claim of being too impaired to consent to the act.

In the event that you’re arrested, cooperate as much as you can with the officer and with other members of the court. There are different scenarios involving your punishment depending on the situation that occurred and your criminal history. Contact an attorney as soon as you can, but keep in mind that you will likely stay at least a few nights in jail until you go to court and find out more about your charges.

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Firearm Carried W/O License

Montgomery 12/2016

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Criminal Lawyers

Fewer Clients. Better Service And Results

SKA Law takes on fewer clients than other firms – it’s because we believe that taking on fewer clients means we can provide more service, and better results.

25 Years Of Legal Practice

Our firm has over 25 years of combined legal practice. Our Philadelphia criminal attorneys have been recognized by the top lawyer ranking services.

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Our Philadelphia criminal attorneys are available 24/7- regardless of the holiday, or time of week. We are always available to help you.

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We take on fewer clients than other firms. Each client works 1:1 on with one of our senior attorneys.

Criminal Attorneys Philadelphia

We Protect Your Freedom And Your Future.

At the law offices of Amato T Sanita, Esq, this is more than just a slogan – it’s our philosophy, and belief. Our goal is to protect your freedom, and to ensure your future is protected. By working with our firm, you get legal representation when you need it the most for your criminal case in Philadelphia. We understand that dealing with the criminal system is overwhelming – the consequences cannot be underestimated. Regardless of whether it’s a small misdemeanor, or a severe federal crime, you need to understand the legal process – how it impacts you – and a Philadelphia criminal defense attorney, who will work for you. Our Philadelphia criminal lawyers treat each case as it’s own unique situation, and work hard to uncover evidence that will get you the best possible outcome. Founding partner Amato Sanita, understands that you’re very concerned about possible sentences, and issues in the future you might face. There are many aspects to a criminal defense case. Our goal is to show the court you didn’t commit the crime and/or don’t deserve the maximum sentence for the crime you’re accused of committing. Regardless of whether it’s a drug offense, assault charge, or bank fraud, our Philadelphia criminal lawyers work tirelessly to represent your interests in court.

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Our firm has over 25 years of combined legal practice – handling some of the toughest cases in the country.

25 YEARS

CASE DISMISSED

Statutory Sexual Assault

Aggravated Assault can be charged against someone if they cause or attempt to cause “serious bodily injury” to another person. Serious bodily injury within Pennsylvania is defined as injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (18 Pa.C.S. Sec. 2301). If convicted of Aggravated Assault, the crime is graded as a felony in the first degree.

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Aggravated Indecent Assault

Serious Bodily Injured

Aggravated Assault can be charged against someone if they cause or attempt to cause “serious bodily injury” to another person. Serious bodily injury within Pennsylvania is defined as injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (18 Pa.C.S. Sec. 2301). If convicted of Aggravated Assault, the crime is graded as a felony in the first degree.

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CASE DISMISSED

Harassment

FACED 3 YEARS IN PRISON

Aggravated Assault can be charged against someone if they cause or attempt to cause “serious bodily injury” to another person. Serious bodily injury within Pennsylvania is defined as injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (18 Pa.C.S. Sec. 2301). If convicted of Aggravated Assault, the crime is graded as a felony in the first degree.

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CASE DISMISSED

False Imprisonment

15 YEARS IN PRISON

Aggravated Assault can be charged against someone if they cause or attempt to cause “serious bodily injury” to another person. Serious bodily injury within Pennsylvania is defined as injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ (18 Pa.C.S. Sec. 2301). If convicted of Aggravated Assault, the crime is graded as a felony in the first degree.

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Philadelphia

1518 Walnut Street st 808, Philadelphia, PA 19102

800-646-6048

Get Directions

Philadelphia

1518 Walnut Street st 808, Philadelphia, PA 19102

800-646-6048

Get Directions

Philadelphia

1518 Walnut Street st 808, Philadelphia, PA 19102

800-646-6048

Get Directions