Fan is short for Fanatic! The 5 Most Common Crimes That Fans Committed in Philadelphia After the Eagles’ NFC Championship Win
The Superbowl is still almost 2 weeks away but the City of Philadelphia has already made national headlines following the Eagles’ NFC Championship win in South Philadelphia where police made multiple arrests. In addition, one fan is on life support after falling from a traffic pole, he attempted to climb.
Fans allegedly caused hundreds of thousands of dollars to public and private property and at least four Philadelphia police officers were assaulted following the game. One alleged fan was caught on video firing a gun into the air, while 8 fans were injured when a woman drove her vehicle through a crowd in the street.
As I’ve stated in many of my blog articles, videos, and strategy books, a criminal problem can happen at any time but there is a greater chance that this could happen whenever there is a large gathering of people and alcohol such as the Super Bowl parties, post-game celebrations and parades.
The most common crimes and offenses our law firm encounters following any large sporting event like the Superbowl are the following:
- Disorderly conduct
- Assault
- Underage drinking
- Criminal mischief
- Drunk driving
While it is important to understand that the majority of offenses are misdemeanors and in some cases summary offenses as opposed to felony crimes, each could substantially hinder or derail a professional or academic career.
Our law firm has represented individuals who maintain different professional positions in health care, law enforcement, and business. Even a minor charge could cause an organization to terminate a person to avoid embarrassment or negative publicity. This is why it is so important to hire a qualified criminal defense lawyer if you are charged with a criminal offense.
Disorderly Conduct
A person commit disorderly conduct in Pennsylvania if he or she, (1) with the intent to cause public inconvenience, annoyance, or alarm, engages in fighting or threatening or some other violent behavior; (2) makes unreasonable noise; (3) uses obscene language or an obscene gesture; (4) creates a hazardous or physically offensive condition by an act which serves no legitimate purpose
Disorderly conduct is graded as a misdemeanor of the 3rd degree if the actor causes substantial harm or serious inconvenience; otherwise it is a summary offense. Keep in mind that the maximum punishment for a misdemeanor of the 3rd degree is 1 year of state prison while the maximum punishment for a summary offense in the Commonwealth is 90 days in the county jail. A disorderly conduct charge is very common in large groups of intoxicated or drunk persons. Our criminal defense law firm has represented individuals charged with this offense following music concerts, sporting events, or public celebrations.
Assault
Simple Assault
One of the most common offenses that our law firm defends in New Jersey and Pennsylvania is assault. Assault is divided into simple and aggravated assault under 2C:12-1 in New Jersey. A simple assault is when a person attempts to cause or purposely knowingly or recklessly causes a bodily injury to another. A simple assault is also if a person negligently causes bodily person to another with a deadly weapon. Simple assault is a disorderly persons offense unless it is committed in a fight or a scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense in New Jersey.
In Pennsylvania, a simple assault (Title 18, Section 2701) is graded as a misdemeanor of the second degree unless it is a result of mutual scuffle, in which case it is misdemeanor of the third degree. A person can also be charged with a simple assault if he or she recklessly causes a bodily injury to another with a deadly weapon. In this situation, it is a crime of the fourth degree.
Aggravated Assault
Unlike a simple assault, an aggravated assault in New Jersey is an indictable crime. A person who is guilty of an aggravated assault after he or she causes or attempts to cause serious bodily injury to another. An aggravated assault is also cause if a person or knowingly causes bodily injury to another with a deadly weapon. An aggravated assault in New Jersey is a crime of the second degree if the Court finds that a person caused serious bodily injury. It is a crime of the third degree if a person attempts to cause only bodily injury with a deadly weapon. A deadly weapon can be practically anything in New Jersey, just like Pennsylvania. Pennsylvania, similar to New Jersey, classifies aggravated assault (Title 18, Section 2702) based on the circumstances surrounding the incident; it’s a felony grade crime in the Commonwealth
Assaults involving members of a protected class
Like Pennsylvania, in New Jersey, if a person commits an assault or attempts to commit an assault against a member of a protective class, like a police office, EMS, or a firefighter, the State (New Jersey) only needs to establish bodily injury as opposed to serious bodily injury. In this situation, a person would be charged with a crime of the third degree (indictable crime.) This distinction is very important.
Maximum Punishments For Crimes & Offenses in New Jersey and Pennsylvania
The maximum punishment for a crime of the second degree is ten (10) years of State incarceration and five (5) years of State incarceration for crimes of the third degree. While crimes of the fourth degree carry with them a maximum of punishment of eighteen (18) months of State incarceration. The maximum punishment for a felony of the second degree is 10 years and 7 years for a felony of the 3rd degree. Misdemeanors crimes in Pennsylvania still subject a person to a possible state prison sentence—Misdemeanor of the first degree (5 years); Second Degree (2 years) and 3rd degree (1 year)
Disorderly offenses carry with them a maximum punishment of six (6) months of county incarceration and a $1,000.00 fine, while petty disorderly offenses carry with thirty (30) days of county incarceration and $500.00 fines.
Self Defense
The counter defense argument to an assault of any kind is self defense. Self defense is often a misunderstood concept in criminal defense in Pennsylvania and New Jersey. It is, however, one of the most utilized arguments in cases involving the criminal charges of homicide (murder, manslaughter), attempted homicide, as well as aggravated and simple assault. Frequently, a person comes into our law firm facing these types of charges and wants us to incorporate the self defense argument into our overall criminal defense strategy.
This is obviously a great argument for the defense but it’s important to understand how it requires the defense and the prosecution to meet specific requirements and obligations. Self-defense is often called “justification.” If the defendant’s actions were “justified,” he or she CAN NOT be found find guilty of a crime such as murder, attempted murder (homicide), aggravated assault and simple assault (misdemeanor).
Underage Drinking
In Pennsylvania, underage drinking is a summary offense and a person commits it if he or she, being less than 21 years of age, attempts to purchase, purchases, consumes, or knowingly and intentionally transports any liquor, malt, or brewed beverage. It is very important to understand that if a person is charged or convicted of this offense there is a maximum fine of $500.00 (first offense) but more importantly a 90 day, driver’s license suspension. Please keep in mind that some people incorrectly believe transporting of alcohol, in and of itself, is not a criminal offense in Pennsylvania, but this is simply wrong!
Criminal Mischief
Similar to disorderly conduct, criminal mischief is another crime that our firm encounters during public events and celebrations in Philadelphia or its surrounding counties of Bucks, Montgomery, Delaware and Chester. A person commits criminal mischief in Pennsylvania if he or she damages property of another intentionally or recklessly. Damaging includes defacing the property.
Unlike disorderly conduct, criminal mischief can be graded as a felony of the 3rd degree if the person causes a loss in excess of $5,000.00 or substantially interrupts public communication, transportation, or some other public service like such as the operation of Septa bus, trolley, regional rail or subway. This crime is a misdemeanor of the 2nd degree if the loss or damage is over $1,000.00 but less than $5,000.00, and a misdemeanor of the 3rd degree if the damage is less than $1000.00 but over $500.00. Criminal mischief is a summary offense if the damage is less than $500.00 but more than $150.00.
Drunk Driving
I’ve written a number of articles and done videos on drunk driving in Pennsylvania and New Jersey. I encourage you to read more about this practice area. Drunk driving is an offense that not only carries with it mandatory minimum county jail time in some cases, but also a drivers license suspension. It’s important to remember that if you’re stopped for drunk driving you should never refuse a chemical test (blood or breathalyzer). Remember that police must have probable cause to stop and arrest you for DUI and motions to suppress evidence based on a lack of probable cause or reasonable suspicion is a very strong defense tool for your criminal lawyer in these cases.
Many of our clients fail to understand that while the burden is on the prosecution during a criminal trial, the defense is required to assert a self defense argument before the prosecution is required to address it. It’s important to understand that the Commonwealth (through the ADA) or the State (Prosecutor) must prove, beyond a reasonable doubt, that the defendant didn’t actually believe that he was in danger of death or serious bodily injury. In the alternative, the prosecution can also meet its burden of proof if it shows, beyond a reasonable doubt, that this belief was unreasonable in light of all the circumstances known to the defendant.
Our law firm wishes the Philadelphia Eagles the luck in the Super Bowl but please enjoy this game responsibly.
Contact Our Criminal Defense Lawyers in PA & NJ
Please click here to contact our Philadelphia 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.
