Staying Out of Legal Trouble After Snow – Do You Really Have to Shovel & Salt? Can you Save Parking Spots? What Are the 3 Common Crimes that Occur After Snow?
While the latest winter snowstorm of 2025 wasn’t anything for the record books, it is still a great time to discuss your legal obligations what types of crimes occur following winter storms.
In Philadelphia and its surrounding counties in Pennsylvania and New Jersey, there is somewhat of a tradition of saving parking spaces with chairs, cones, or some other household item during these blizzards. While legally a person isn’t entitled to a parking spot most tend to follow this unwritten rule during these storms.
There are, however, incidents where neighbors fight over the “saving of spots” and sometimes these initial shouting matches escalate into physical altercations. There are a number of instances where the “saving of spots” has led to criminal charges ranging from simple assault and terroristic threats to even murder in the very extreme cases
Do you have to shovel your sidewalk, driveway and walkway in front of your home in New Jersey and Pennsylvania?
New Jersey
With a residential property, the sidewalk that abuts or is in front of your home is considered public property. As a result, the general rule is a homeowner isn’t responsible for the condition of the public sidewalk in front of the home. There is no duty to maintain the sidewalk in front of the premises in a safe condition.
If a homeowner attempts to clears the sidewalk from ice or snow, they may be held legally responsible if their actions are done negligently and result in a new or increased element of danger to a pedestrian. Therefore, if a property owner undertakes to shovel the snow covered sidewalk and leaves a thin layer of ice but does not spread salt, they could be held responsible for a fall for increasing the element of danger that previously did not exist. The driveway and walkway leading up to the property is always the responsibility of the homeowner.
Pennsylvania
In Pennsylvania, homeowners should remove snow from sidewalks, walkways and driveways within 6 hours of snow fall but counties vary as to the exact time. Liability for slip and fall accidents in Pennsylvania is different than many other jurisdictions as it follows the “hills and ridges” doctrine when dealing with slippery sidewalks. The “hills and ridges” doctrine protects homeowners from liability for generally slippery conditions from snow and ice where the homeowner has not allowed the snow and ice to unreasonably accumulate in ridges or elevations. Homeowners are generally not liable for injuries that occur after minor naturally accumulated snowfall, but if the snow or ice reaches a depth that creates “hills or ridges, then the homeowner has a duty to rectify this dangerous condition
While it is my hope that people don’t get into arguments or fights over parking spots in this weather, I wanted to explain the law in Pennsylvania in New Jersey regarding the 3 most common criminal offenses related to “saving spots” and winter snowstorms
Simple Assault
In Pennsylvania, a person commits a Simple Assault when he or she attempts to cause or intentionally, knowingly, or recklessly causes bodily injury to another person. A simple assault is also committed if an individual negligently causes bodily injury to another with a deadly weapon or attempts, by “physical menace” to put another in fear of imminent serious bodily injury. The elements of this crime are virtually the same in New Jersey
So if you get into a fight with your neighbor over the spot in front of your home that you spent 2 hours shoveling, you may be charged with Simple Assault depending on the circumstances surrounding the fight. The issue of self- defense is always a factor in these cases. Read my article on Self Defense for more information on this issue.
Pennsylvania and New Jersey define bodily injury as “the impairment of a physical condition or substantial pain.” A person can commit a simple assault if he or she acts recklessly or intentionally. While a threat can constitute an assault, the law requires that the actor be in a position to actually carry out the threat immediately or that he takes some affirmative steps to do it.
In Pennsylvania, the law looks at the defendant’s intent and whether the result of that intent or that reckless act is reasonably foreseeable. The victim’s state of mind is irrelevant unlike the crime of Recklessly Endangering Another Person (REAP) which I will explain later. Simple Assault is graded as a misdemeanor of 2nd Degree unless it is committed during a mutual fight in which case it is a misdemeanor of the 3rd degree.
Aggravated Assault
An Aggravated Assault occurs if a person attempts to cause serious bodily injury to another or causes serious bodily injury intentionally, knowingly, or recklessly, under circumstances manifesting extreme indifference to the value of human life. Pennsylvania and New Jersey define “Serious Bodily Injury” as an injury that creates substantial risk of death or which causes serious injury, permanent disfigurement, or loss or impairment of the function of any bodily member or organ. If the fight with your neighbor over that parking spots goes too far and you seriously injury him, you could face an aggravated assault charge!
Aggravated assault also occurs if a person intentionally or knowingly causes bodily injury to certain individuals such as police officers, district attorneys, EMS, or other individuals of a certain classes. If the police are called to your area because of this fight never put your hands on a police officer, fire fighter or EMS. If you touch any of these individuals it is potential aggravated assault if they sustain an injury because of that struggle.
Remember that these persons are members of protected class under the law and the prosecution doesn’t have to establish “extreme indifference to the value of human life” but only serious bodily injury. Aggravated assault can be a felony on the first degree or second degree depending on the degree of harm or attempted harm inflicted and/or the status of the victim (i.e. police officer, etc.).
Courts in New Jersey and Pennsylvania have stated that an aggravated assault charge requires that a serious injury or death could occur as a result of the perpetrator’s actions. A court, however, can find an aggravated assault even if the actual injury that results is not considered a serious one. If, for example, a person shoots at someone over a parking spot during this “Blizzard of 2016” and only by good fortune the victim sustains a slight laceration from the bullet it’s still considered an aggravated assault.
Terroristic Threats
Simple and Aggravated Assault focus on the actions of the alleged perpetrator, a Terroristic Threat focus on the reaction of the victims. Terroristic Threats 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 prosecution to prove different elements beyond a reasonable doubt to support a conviction.
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, 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.
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.
Your criminal defense attorney can establish reasonable doubt if he can show that the alleged terroristic threat was a “spur of the moment” reaction which resulted from some argument or fight (“I’m going to punch you in the face or shoot you because I spent 2 hours shoveling that spot”).
A spur of the moment reaction doesn’t equate to a terroristic threat and the prosecution won’t be able to establish guilt beyond a reasonable doubt if they can only show that the threat was made without demonstrating that the accused intended to “terrorize” the victim with that threat. So if lose your temper during the Blizzard of 2016 and starting screaming over that parking spot, it doesn’t necessarily mean the prosecution will be able to establish a Terroristic Threat, assuming that your even charged.
If you would like learn more about criminal defense topics read one of my books or watch one of my videos. These are all available online and in the comfort of your home away from the 20 inches of snow that is expected.
Contact Our Criminal Defense Lawyers in PA & NJ
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.
