Former NFL DB Adam ‘Pacman’ Jones arrested for Aggravated Assault and Disorderly Conduct – Aggravated vs. Simple Assault – What is the difference?
Recently, former NFL Defensive Back Adam “Pac Man” Jones, was arrested and charged with disorderly conduct, and assault of a police officer or a probation officer in Ohio. While our law firm doesn’t practice in Ohio, these allegations in this case nevertheless present an opportunity to explain this very common crime that occurs in Pennsylvania and New Jersey.
These recent allegations against Mr. Jones show once again that a criminal charge can happen to anyone, even a former professional athlete. Regardless of who you are or what you do for living, it is important to understand your rights in these cases which could result in a felony conviction and jail time. You should never assume you don’t need a lawyer after you are arrested regardless of what police tell you!
What is Disorderly Conduct in Pennsylvania?
Adam “Pac Man” Jones is charged with disorderly conduct. This criminal offense is often misunderstood but it can jeopardize a person’s otherwise clean criminal record. In Pennsylvania disorderly conduct, Title 18, Section 5503, is defined as the intent to cause public inconvenience, annoyance, alarm or recklessly creating a risk by engaging in fighting, threatening, or “tumultuous” behavior.
Making unreasonable noise, using obscene language or creating hazardous or physically offensive condition is also considered a Disorderly Conduct in Pennsylvania. This crime does not require actual physical contact and is more focused on the overall conduct and the intent of the actor. In many cases, Disorderly Conduct is charged with other crimes, all of which will require a proper defense.
How Serious is a Disorderly Conduct Charge in Pennsylvania?
Disorderly conduct is generally graded as a summary offense. It can be graded as a misdemeanor of the third degree if the intent of the actor is to cause substantial harm, serious inconvenience or the person persists in the disorderly conduct. A critical component of disorderly conduct is the public’s involvement in it. If the conduct never becomes public, there is no disorderly conduct.
Pennsylvania defines “public” conduct as affecting or likely to affect persons in a place to which the public or a substantial group has access. These places would include schools, apartment houses, place of business, any neighborhood or any premises which are open to the public.
Recently, the Pennsylvania Superior Court found that there was insufficient evidence to convict a person of disorderly conduct when the conduct only occurred between the defendant and a neighbor. The court found that because the actor didn’t intend to cause any type of public annoyance, inconvenience, or alarm, there was no disorderly conduct.
In another case, however, the court found a person guilty of disorderly conduct where the individual had thrown garbage all over the street. It appears, however, that disorderly conduct often requires more than just words. A court found that in another case that the prosecution failed to prove a disorderly conduct charge when a defendant shouted obscenities across the street at a police officer. The court found that the brief outburst was not sufficient to create a “public concern” nor was the volume of the comments inconsistent with other noise in the neighborhood.
What is Disorderly Conduct in New Jersey?
What is Disorderly Conduct?
Disorderly conduct (2C: 33-2) is any type of improper behavior or offensive language which causes a disturbance; it is a petty disorderly person offense. The maximum punishment for petty disorderly persons offenses is 30 days of incarceration and a $500 fine; the maximum punishment for disorderly persons is 6 months of county incarceration and a $1000 fine.
If you’ re charged with disorderly conduct in New Jersey or Pennsylvania it is important that your criminal defense lawyer focus on these elements of this crime. While disorderly conduct is normally charged as a summary offense, even a low level summary offense can still create a criminal record. A minor criminal conviction can still negatively affect job prospects and other professional opportunities
Can you expunge a disorderly conduct conviction in New Jersey or Pennsylvania?
While disorderly offenses are far less serious than indictable crimes, they are nevertheless criminal offenses. If you’re charged and convicted of a disorderly person’s offense you will have a criminal record in New Jersey. You can obtain an expungement 5 years after conviction (in some cases 3 years) but it will be on your record for that period. In Pennsylvania, a summary offense can be expunged after five years but you can’t expunge a misdemeanor conviction at this point in the Commonwealth. This law, however, may change regarding misdemeanor convictions in future.
Protected Classes & Aggravated Assault Charges in Pennsylvania and New Jersey
Adam “Pac Man” Jones is also charged with aggravated assault, a felony crime. In Pennsylvania and New Jersey, police officers, firefighters, EMS personnel, and all other first responders are a protected class (judges, teachers, district attorneys (prosecutors), sheriffs). This means that if an assault is committed against any of these individuals it is typically graded as a felony level aggravated assault as opposed to a simple assault.
In Pennsylvania a simple assault is any attempt to cause or intentionally, knowingly, or recklessly causing bodily injury to another person. Simple assault is also committed in the Commonwealth if a person negligently causes a bodily injury to another with a deadly weapon (firearm, handgun, etc). Simple assault is a misdemeanor of the 2nd degree unless it is the result of some type of fight or a “mutual consent scuffle” in which case it is a misdemeanor of the 3rd degree. (See 18 § 2701).
Aggravated vs. Simple Assault – Protected Classes
An aggravated assault is committed where a person causes or attempts to cause “serious bodily injury to another”. The major difference between an aggravated and simple assault is the attempt to cause or the causing of the victims injuries. With an aggravated assault the Commonwealth is required to prove beyond a reasonable doubt that an attempt to cause or serious bodily injury was actually caused. In these situations, the aggravated assault is graded as a felony of the 1st degree.
Notice that there is a difference between simple and aggravated assault but this difference is irrelevant if the matter involves a police officer or other protected class. In these situations the Commonwealth only needs to establish bodily injury (intentionally or knowingly) to meet its burden of proof.
Here, the aggravated assault, which would normally be a simple assault, is a felony of the 2nd degree. It is a felony of the 1st degree if the officer or other protected class suffers serious bodily injury (intentionally, knowingly, or recklessly), and a felony of the 2nd degree if it is simply bodily injury.
The definition of serious bodily injury in the Commonwealth is a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement, or protective loss or impairment of the function of any bodily member or organ.
This is a very broad definition but most courts would agree that any injury which required stitches would fall into this category. There is even an argument that any “soft tissue” issue which developed specifically after the incident would classify as bodily injury to the officer.
Felony vs. Misdemeanor Charges – There is a big difference!
As I have written in previous blog article and spoken about on my videos, there is a substantial difference between a misdemeanor charge and a felony charge in Pennsylvania and New Jersey. If you’re charged with either of these offenses you must understand this difference as they can drastically affect your options following your case.
I encourage you to read my articles on these criminal offenses for more about them. As always keep reading my blog and visit my free download section for more great information on criminal defense topics in Pennsylvania and New Jersey.
Contact Our Criminal Defense Lawyers in Pennsylvania and 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.
