Jason Kelce’s Penn State Incident – Will he be charged? What makes Criminal Mischief a Felony, Misdemeanor or a Summary crime
Recently, former Philadelphia Eagle Jason Kelce was caught on a video allegedly smashing the cell phone of a heckler who allegedly uttered a homophobic slur toward his brother, Travis Kelce, in Centre County, Pennsylvania. Kelce recently appeared on Monday Night Football to address the incident and stated “I chose to greet hate with hate.”
The incident remains under Pennsylvania State Police investigation and while Jason Kelce was a Hall of Fame Football, I really hope he spoke to a lawyer before speaking about the incident on national television.
If Mr. Kelce did not resolve the matter with the alleged victim and entered into an off the record agreement with the police investigating the matter, his comments on national television just made his case worse from a defense standpoint. His statements made on TV are not a legal defense. Further, there appears to be nothing on the video to indicate he was defending himself or others from harm.
What is Criminal Mischief in Pennsylvania
Criminal Mischief is a very broad criminal charge. It is the defacing, destroying, or damaging of real or personal property of another like a cell phone. Our law firm has represented juvenile and adult clients for these charges in Pennsylvania and New Jersey
Criminal Mischief under Section 3304 (Title 18) can be graded as a felony of the 3rd degree if the loss is in excess of $5,000 or causes an interruption or impairment of some public communication, transportation or other public utility.
It is a misdemeanor of the 2nd degree if the loss is in excess of $1,000 and a misdemeanor of the 3rd degree if the loss is in excess of $500, but less than $1,000. If the damage is less than $150, criminal mischief is a summary offense in Pennsylvania. Given the wide range of criminality sentences can range from a fine to State prison.
How Serious is a Potential Criminal Charge Against Jason Kelce
If Jason Kelce is charged, he would likely face a Summary or a low level Misdemeanor. He would likely receive a fine and have to pay restitution to replace the phone. It is also likely that the prosecution could offer Kelce some diversion program in exchange for dismissing the case.
It is highly unlikely that this case would ever go to trial. Some criminal mischief cases can be much more serious and it is very important that your criminal defense lawyer evaluate all possible trial and non-trial options in your case.
In the case of a criminal mischief, it is very important that the Commonwealth (prosecution) present evidence with regards to damages as it will affect the grading of the offense or crime in the Commonwealth. There is a substantial difference between a felony and a misdemeanor crime.
What is a criminal mischief in New Jersey?
Criminal mischief under New Jersey’s Crimes Code is very similar to Pennsylvania undersection Section 2C:17-3. The crime is a 3rd degree offense if the person charged and convicted causes a loss of $2,000 or more. It is a crime of the 4th degree if the loss is between $500 and $2,000 and in all other cases criminal mischief in the Garden State is a disorderly person’s offense if the loss is $500 or less. Again, it is very important to understand that your criminal defense lawyer in New Jersey must evaluate all possible and non-trial options in these cases.
Criminal mischief in New Jersey, like Pennsylvania, is a crime of the 3rd degree if the acter causes or interrupts a public communication, transportation or utility. Unlike Pennsylvania, New Jersey does not classify crimes as felony and misdemeanor offenses, but rather crimes and offenses. Offenses are handled in New Jersey’s Municipal Court while crimes are handled in New Jersey’s Superior Court (crimes of the 1st, 2nd, 3rd, and 4th degrees).
What should you do if you’re arrested for criminal mischief?
If you’re charged with criminal mischief in Pennsylvania or New Jersey, you should not plead guilty to the charge because in most situations your attorney can negotiate a non-trial disposition for a much favorable result if you have no prior criminal history. Even if you have prior criminal history, if it is unrelated to the current charge your attorney, in many cases, can negotiate a non-trial disposition (plea) which is usually substantially less than what the prosecution initially charged.
Criminal mischief includes the following crimes and offenses in Pennsylvania and New Jersey:
- Graffiti
- Defacing building or homes
- Tearing up laws with vehicles
- Breaking doors
- Destroying door locks
- Breaking windows
- Slashing tires
- Intentionally damaging vehicles
Contact Our Criminal Defense Lawyers in Pennsylvania & New Jersey
Please click here to contact our criminal defense lawyers. We offer free case reviews and serve the following areas in Pennsylvania and New Jersey, Atlantic City, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Upper Darby, Upper Merion, Upper Providence, Vineland & Woodbury areas
