The Real Reason Former Philadelphia Eagle Jason Kelce Wasn’t Charged with a Crime in Pennsylvania following a Penn State Incident
Recently, Penn State University Police announced that it would not pursue criminal charges against former Philadelphia Eagle and now sports Podcaster Jason Kelce. This news came despite a video which show Kelce destroying the phone of an alleged unidentified person prior to a Penn State Football game. Further, Kelce even admitted his actions were wrong on national TV, when he stated “I chose to greet hate with hate.”
Police had more than enough to charge Kelce with the crime of criminal mischief and perhaps disorderly conduct in Pennsylvania. These offenses are normally graded as misdemeanor crimes but they can be graded as felony offenses depending on the circumstances. If the police had enough, why wasn’t Kelce charged?
Here is the Real Answer
The answer has nothing to do with the alleged facts here but the ability for the prosecution to establish them. The person in the video that went viral on social media could not been identified, and no one came forward to police to file a complaint about damage to personal property. Without this alleged victim, the prosecution (District Attorney) could not ever secure a conviction.
While I doubt the case would have ever gone this far, this was the reason why police ended the investigation into Kelce’s behavior. There is also the possibility that Kelce, perhaps through a third party, came to some financial agreement with the alleged victim. While the DA could have still brought the case and subpoenaed the victim to testify against Kelce, this would be highly unlikely given the alleged damages here.
How is Criminal Mischief Defined in Pennsylvania
Criminal Mischief is a very broad criminal charge. It is the defacing, destroying, or damaging of real or personal property of another like a cell phone. Our law firm has represented juvenile and adult clients for these charges in Pennsylvania and New Jersey
Criminal Mischief under Section 3304 (Title 18) can be graded as a felony of the 3rd degree if the loss is in excess of $5,000 or causes an interruption or impairment of some public communication, transportation or other public utility.
It is a misdemeanor of the 2nd degree if the loss is in excess of $1,000 and a misdemeanor of the 3rd degree if the loss is in excess of $500, but less than $1,000. If the damage is less than $150, criminal mischief is a summary offense in Pennsylvania. Given the wide range of criminality sentences can range from a fine to State prison.
How is Criminal Mischief Defined in New Jersey?
Criminal mischief under New Jersey’s Crimes Code is very similar to Pennsylvania undersection Section 2C:17-3. The crime is a 3rd degree offense if the person charged and convicted causes a loss of $2,000 or more. It is a crime of the 4th degree if the loss is between $500 and $2,000 and in all other cases criminal mischief in the Garden State is a disorderly person’s offense if the loss is $500 or less. Again, it is very important to understand that your criminal defense lawyer in New Jersey must evaluate all possible and non-trial options in these cases.
Criminal mischief in New Jersey, like Pennsylvania, is a crime of the 3rd degree if the acter causes or interrupts a public communication, transportation or utility. Unlike Pennsylvania, New Jersey does not classify crimes as felony and misdemeanor offenses, but rather crimes and offenses. Offenses are handled in New Jersey’s Municipal Court while crimes are handled in New Jersey’s Superior Court (crimes of the 1st, 2nd, 3rd, and 4th degrees).
What should you do if you’re arrested for criminal mischief?
If you’re charged with criminal mischief in Pennsylvania or New Jersey, you should not plead guilty to the charge because in most situations your attorney can negotiate a non-trial disposition for a much favorable result if you have no prior criminal history. Even if you have prior criminal history, if it is unrelated to the current charge your attorney, in many cases, can negotiate a non-trial disposition (plea) which is usually substantially less than what the prosecution initially charged.
Criminal mischief includes the following crimes and offenses in Pennsylvania and New Jersey:
- Graffiti
- Defacing building or homes
- Tearing up laws with vehicles
- Breaking doors
- Destroying door locks
- Breaking windows
- Slashing tires
- Intentionally damaging vehicles
Contact Our Criminal Defense Lawyers in Pennsylvania & New Jersey
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