Spivak Law Firm

Based in Pittsburgh, PA

412-344-4900

Spivak Law Firm is BBB Accredited

South Hills Criminal Lawyer

Domestic Violence and Guns

While misdemeanor charges may seem less serious than felony charges, both can hold similar consequences.

Under Pennsylvania law, if you have been convicted of a felony, you are prohibited from possessing a firearm or ammunition.

Moreover, you are permanently stripped of gun ownership if convicted of a misdemeanor involving domestic violence. This is true even if the incident did not involve firearms.

Spivak Law Firm provides strong, aggressive defense in all PFA and criminal domestic violence cases. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Assault in Pennsylvania

Q: Can I be convicted of assault even if I never laid a finger on anyone?

A: Yes.

Under Pennsylvania Law, assault consists of intentionally or knowingly causing physical harm to another person or attempting to do so, which puts the other person in fear of immediate bodily harm. Thus, you do not need to physically hit another person to be charged with assault.

Simple assault is a misdemeanor charge that may result in incarceration. Aggravated assault, which involves use of a deadly weapon or results in permanent bodily injury, is a felony charge that carries stiffer penalties.

At Spivak Law Firm, we strongly defend people charged with committing violent crimes such as assault. To have an experienced attorney review your case, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Falsely Accused of Abuse?

Because courts overwhelmingly grant Protection From Abuse (PFA) orders, the system itself is frequently abused by people seeking leverage in divorce and child-custody actions.

In Pittsburgh and all surrounding countries, judges grant more than 90% of all petitions for a temporary PFA Order, which can immediately evict you from your home, restrict you from your kids, and subject you to arrest.

At Spivak Law Firm, we aggressively defend people accused of abuse at PFA and criminal domestic violence hearings. We handle all areas of family law and criminal defense. If you have been accused of domestic violence, call us at (412) 344-4900 or toll free at (800) 545-9390.

Criminal Domestic Violence

Q: I am accused of perpetrating domestic violence. Can my accuser get the criminal charges dismissed?

A: No.

In domestic violence cases, it is common for an accuser to later recant testimony in an attempt to “make the charges go away.” If your accuser no longer wants you to be prosecuted, he or she can make this known to the district attorney’s office. However, the prosecutor has sole discretion to decide whether to pursue criminal charges against you.

Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic-violence issues. We provide strong, compassionate representation in all Protection From Abuse (PFA), criminal domestic violence, and child custody cases.

To learn more about domestic violence law in Pennsylvania, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Fund Violence Against Women Act

Across the country, organizations that help women recover from domestic abuse draw support from the Violence Against Women Act (VAWA). But President Trump’s proposed budget calls for a 4 percent cut to the department that supports these programs.

U.S. Attorney General Jeff Sessions is charged with enforcing VAWA, though he voted against it in 2013 as a Senator. If these cuts are approved – or if the Republican-controlled Congress fails to renew VAWA in 2018 – victims of domestic violence and sexual assault would lose access to valuable programs designed to help them.

Spivak Law Firm helps victims of domestic violence get the legal protections they need at Protection From Abuse (PFA) hearings and by working with prosecutors on criminal domestic-violence cases. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Domestic Abuse: Immigration

Since President Trump took office, domestic-abuse victims seeking help have been concerned about their possible deportation.

A recent survey of over 700 advocates and legal service providers found that 62% have observed an increase in immigration-related questions from survivors of violence.

The immigrant community has interpreted President Trump’s rhetoric and reports of increased enforcement to mean all are at risk. This anxiety has translated into behavioral shifts among some of the most vulnerable immigrants, including those trapped in violent situations.

Spivak Law Firm provides aggressive representation for plaintiffs and defendants in domestic violence cases, including Protection From Abuse (PFA), Children Youth and Families (CYF), and criminal domestic violence. To schedule a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Terroristic Threats: Penalties

 

SO000183Under Pennsylvania law, a person commits the crime of terroristic threats if the person makes a direct or indirect threat to:

  • commit any crime of violence with intent to terrorize another;
  • cause evacuation of a public place; or
  • cause serious public inconvenience, or public terror.

Terroristic threats is graded as a first-degree misdemeanor, which could result in up to five years in prison and a maximum $10,000 fine. If the threat causes occupants of a public place to be diverted from normal operations, it is graded as a third-degree felony, which carries up to 7 years in prison and a $15,000 fine.

Spivak Law Firm handles all criminal domestic violence charges, including: simple assault, harassment, stalking, recklessly endangering another person, and terroristic threats. To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Don’t Spank Your Kids

 

Family Pic2Under Pennsylvania law, parents are permitted to use corporal punishment if it is for the purpose of safeguarding or promoting the welfare of their child.

But the force used on the child cannot create a substantial risk of death, serious bodily injury, disfigurement, extreme pain, or mental distress.

A spanking that leaves a mark or bruise could result in a Protection from Abuse Order (PFA), a Child, Youth and Families (CYF) investigation, or even criminal charges for child abuse.

Parents engaged in child-custody disputes should consider avoiding all forms of corporal punishment to avoid allegations of abuse.

Spivak Law Firm provides strong, compassionate representation in all family-law and criminal-defense matters. To schedule a consultation, call (412) 344-4900 or toll free at (800) 545-9390.

Charged with Assault?

 

Criminal Pic4An emotionally charged argument could lead to assault charges, even if you didn’t physically harm the other person. A mere threat of bodily injury could result in criminal charges such as simple assault or terroristic threats—both of which are misdemeanors that could result in jail time and remain on your record for life.

Spivak Law Firm handles all areas of family law and criminal defense with a special focus on domestic violence and child custody.

Charged with assault? Terroristic threats? Harassment? Stalking? PFA violation? To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Should I Talk to Police?

200274141-001Police may not arrest you without probable cause. They must reasonably believe that you committed a crime.

If you are a criminal suspect, police may ask to speak with you. We advise that you politely decline and refer them to your attorney.

You might think that declining to talk to police will make you appear suspicious and even guilty. The officer may say that he just wants to ask you some questions, or he may even go so far as to threaten to recommend adding charges against if you do not cooperate.

But by talking to police, you may be building their case against you.

To speak with an experienced criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.