Crimes and Offenses Most Likely to Occur During the Eagles Parade in Philadelphia
The most common crimes and offenses our criminal defense law firm encounters during these large scale events are the following:
- Disorderly conduct
- Underage drinking
- Criminal mischief
- Terroristic Threats
- Recklessly Endangering Another Person
- Aggravated Assault
- Simple Assault
While many of these 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. Many young people will attend this parade and any of these crimes could present a severe
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 (See Title 18, Section 5503 of the Pennsylvania Crimes Code). 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 like parades. Our criminal defense law firm has represented individuals charged with this offense following music concerts, sporting events, or public celebrations.
Underage Drinking
Minors sometimes think that a parade somehow relaxes the law on underage drinking—wrong! 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
This crime occurs typically when a fan at a parade decides to destroy or vandalize public property. 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.
Terroristic Threats and Recklessly Endangering Another Person (REAP)
Terroristic Threats (Title 18, Section 2706) and Recklessly Endangering Another Person (Title 18, Section 2705) (REAP) are misdemeanors with some exception (yelling fire in a movie theater as a prank – felony of the third degree). While both of these crimes involve communication (words or acts) each focuses on different situations and therefore requires the District Attorney (prosecution) to prove different elements beyond a reasonable doubt to support a conviction. This is the evidentiary standard in any criminal trial.
REAP is a misdemeanor of the second degree and it is committed when the accused person “recklessly engages” in conduct which puts or threatens to put another person in fear of death or serious bodily injury. It is important to understand that this crime focuses not only on the actions of the accused but also on the reaction of the alleged victim. If you are charged with REAP it is critical that your criminal defense attorney attempt to show that the alleged victim didn’t exhibit any sign of fear or apprehension during the incident. Your criminal defense lawyer can do this through a cross examination of the victim which demonstrates that this person initiated an argument or a fight or at the very least acted aggressively during the incident.
The prosecution won’t be able to establish the elements of REAP if the defense can show that the alleged victim was not in fear of death or serious bodily injury. Remember that the defense only has to establish reasonable doubt and that type of doubt exists if a fact finder (judge or jury) has to “pause” when considering whether a person is guilty of a crime. If your criminal defense attorney only focuses on the action of the accused and doesn’t consider the reaction of the victim, he is putting together a weak defense because in most situations the accused person has demonstrated some show of force either through words or actions.
A show of force or communication of force is also an element of Terroristic Threats which, again, is a misdemeanor unless it involves a communication which threatens a group of people in a building or public area (yelling fire in a movie theater). The crime of terroristic threat, unlike REAP, focuses exclusively on the actions of the accused and the reaction of the victims isn’t part of the elements of this criminal charge. If you are charged with terroristic threats it is important that your criminal defense lawyer focus on the Mens Rea element of this crime.
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. There will be an increased presence of police officers at this parade!
Our law firm congratulates the Philadelphia Eagles on their Championship but please enjoy this parade responsibly!
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