Criminal Law and Procedure
What this domain tests
This domain pairs Title 18 (Crimes Code) elements with the Rules of Criminal Procedure that move a case from arrest to preliminary hearing.
Core rules
- 18 Pa.C.S. §302 sets four culpability levels: intentionally, knowingly, recklessly, negligently. Where a statute states no culpability for an element, the Commonwealth must prove at least recklessness; negligence is not the default.
- Grading matters: summary, misdemeanor (1st, 2nd, 3rd), felony (1st, 2nd, 3rd). Grading drives arrest authority, bail, and sentencing.
- Warrantless arrest: felony on probable cause; misdemeanor committed in the officer's presence; summary offense in presence. DUI is a statutory exception.
- Pa.R.Crim.P. 519 requires preliminary arraignment without unnecessary delay; Rule 542 sets the preliminary hearing within 3-10 days in custody, 10-20 days if not.
- Defenses you must recognize: self-defense (§505), law enforcement use of force (§508), duress, insanity.
Worked example
An officer watches a man shove a woman into a wall; she has a red, swollen forearm and complains of pain. Bodily injury means impairment of physical condition or substantial pain. The shove is an intentional act causing bodily injury, so the charge is simple assault, 18 §2701(a)(1), a misdemeanor of the second degree. No weapon and no serious bodily injury, so aggravated assault (§2702) does not fit.
Traps
- Charging aggravated assault without a deadly weapon or serious bodily injury.
- Treating harassment (§2709) as assault.
- Delaying arraignment to interrogate; statements taken after unnecessary delay risk suppression.
- Assuming federal case law answers every search question; the Pennsylvania Constitution, Art. I §8, is sometimes broader.