The 4 Most Common Crimes and Offense that Could Occur on Election Day in Pennsylvania and New Jersey
Election Day is next week – Tuesday – November 5, 2024 (aka Super Tuesday). In addition to the hotly contested Presidential race, there are congressional seats on the ballot at the State and Federal Level. Both political parties have spent a considerable amount of time and money in Pennsylvania and New Jersey. The constant political ads, debates, and rallies combined with the 24 hour news cycle has caused arguments and sometimes even physical altercation between supporters. Obviously violence or the threat of violence has no place in politics, but our law firm has represented persons charged with crimes and offenses accused of it.
I’ve written in a countless number of blog articles, 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 like the polls this election day!
Turnout this year is expected to be very high and voters can expect to wait in long lines in order to cast their ballot. The
The most common crimes and offenses our law firm encounters during and following these large events like polling places and political rallies are the following:
- Disorderly conduct
- Criminal mischief
- Simple Assault
- Aggravated Assault
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. It is important to keep in mind that supporting a specific political position or party is NOT a legal defense. 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. It is very likely that any act of violence on threat of violence could be captured on video. These videos often go viral! 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. Our criminal defense law firm has represented individuals charged with this offense following music concerts, sporting events, or public celebrations.
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.
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.
Our law firm encourages all of its clients and their families to exercise their constitutional right and vote!
Our criminal defense attorneys are licensed in Pennsylvania & New Jersey. They serve the accused throughout the Philadelphia, Abington, Atlantic City, Bensalem, Berlin, Bristol, Camden, Cape May, Cheltenham, Cherry Hill, Chester, Conshohocken, Haddonfield, Horsham, Lansdale, Lower Merion Township, Maple Shade, Media, Mount Laurel, Norristown, Pottstown, Runnemede, Salem, Upper Darby, Upper Dublin, Upper Merion Township, Upper Providence, Vineland, Voorhees & Woodbury areas.
