Berks County DA Dismisses Charges in Relation to Putative Domestic Violence

This week, attorney Jorge Pereira, in conjunction with Chief Counsel Joshua Prince, was successful in having the Berks County District Attorney dismiss felony charges against a client in relation to him putatively providing false information on an application to purchase a firearm as a result of a prior conviction, which the Pennsylvania State Police (PSP) erroneously contended was related to domestic violence.

In this matter, the client previously pleaded guilty to a crime involving physical contact; however, as documented in all of the court filings in that matter, the physical contact was in relation to a woman who was a former girlfriend at the time the incident occurred.  Pursuant to 18 U.S.C § 921(a)(33)(A), for a crime to constitute domestic violence, it must be “committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.”

As the client was never married to, shared a child with or cohabited with the victim, and the victim was not a girlfriend of the client at the time, the conviction was not the result of domestic violence. Although the PSP erroneously denied him, the Berks County DA agreed that he was not prohibited under state or federal law, as it was not a crime of domestic violence, and moved to have the charges dismissed.

In these situations, it is imperative to have counsel that understands the subtle differences in the statutory and regulatory law to ensure that your rights are protected. If you, your family members or friends are ever charged with any crimes or have firearms law issues, we are here to help defend YOUR rights. Contact us today!

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Filed under Criminal Law, Firearms Law, Pennsylvania Firearms Law

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