Practice Areas

Philadelphia Criminal Defense Attorneys

A criminal conviction can have a devastating effect on your life. For this reason, we offer a free initial consultation to explain your rights and your options

For more information about a practice area, click on the heading.

DUI / DWI

Pennsylvania changed its DUI law in 2004 and increased the penalties, especially for second and subsequent offenders. If you were arrested with a BAC (blood alcohol content) of .10 to .159, you are looking at mandatory minimum jail time of 48 hours for a first offense or 72 hours if you refuse the breath test. If this is your second offense, you will be sentenced to a minimum of 60 days in jail. Whether this is your first or second offense, you also face a 12-month suspension of your driver's license and up to $5,000 in fines.

Drug Charges

Due to mandatory minimum sentencing, prison is the No. 1 concern of anyone arrested on a drug charge. Before mandatory minimum sentencing, a person convicted for possession of a fairly small amount of drugs (more than two grams of cocaine or more than one gram of heroin) in Philadelphia would typically receive only probation unless they had an extensive criminal record. Now the same person would be looking at a one to two-year sentence in state prison, even for a first offense.

Possession with Intent to Deliver / Manufacturing

The most common drug charge in Philadelphia is Possession With Intent to Deliver and/or Manufacture a Controlled Substance (PWID). Many people are confused by the charge. They say, "I've been charged with manufacturing and I didn't make any drugs." However, the charge basically means dealing drugs. It is a felony and you are looking at a mandatory minimum sentence of at least one year in state prison if you are convicted.

Drug Conspiracy

One of the scariest drug charges is drug conspiracy. Conspiracy means that you agree with someone else to commit a crime. The way the charge is used in drug crimes in Philadelphia is that anybody connected at all with a drug operation will be charged with conspiracy. Many times, someone visiting or living in a house where drugs are sold will be swept up by this charge. If they happen to be home when the police come with a warrant, they will be arrested along with everyone else in the house and charged with conspiracy.

Gun Charges

In Pennsylvania, if you commit any serious felony (including a drug crime) with a real or fake handgun, you are looking at a mandatory minimum prison sentence of five to ten years. Even if you are a first-time offender who didn't commit a crime with the handgun, you would be sentenced to state prison for one to two years if you are convicted.

Homicide / Assault

If you have been charged with first-degree murder, you are looking at either life or death. Those are your choices. The mandatory minimum sentence for first-degree murder in Pennsylvania is life imprisonment. In Philadelphia, 85 percent of all homicide cases are death penalty cases (also known as capital cases). More than 75 percent of all Pennsylvania death-penalty cases come out of Philadelphia.

Sex Crimes

In addition to mandatory minimum jail sentences, registration as a sex offender is among the primary concerns for anyone arrested on a sex charge. If you are convicted or plead guilty to certain sex offenses, Megan's law automatically applies. There are two parts to Megan's law. First you will be evaluated. That evaluation will determine whether or you will be labeled a violent sexual predator. If you are labeled a violent sexual predator, you will have to register with local police for the rest of your life and your name and picture will be on a web site with other sexual predators.

Sexual Assault / Rape

DNA evidence is an important component in any rape or sexual assault case. Much has changed since OJ's trial, and most juries will no longer buy the defense that the lab screwed something up. If your DNA matches evidence collected from the victim in a rape case, then you need an attorney who is able to suppress the DNA evidence or explain it to a jury or a judge.

Internet Sex Crimes / Child Pornography

Police in Pennsylvania and the federal government have taken a very aggressive approach to combatting Internet chat room sex crimes and child pornography. As a lawyer who defends people charged with sex crimes, our goal is not only to keep you out of prison but to keep you from being evaluated under Megan's law and having to register as a sex offender.

Free initial consultation: Contact Philadelphia criminal defense attorneys Josh Scarpello & Pierre LaTour for a free evaluation of your case.