Biker charged with Aggravated Assault and Possession of Instrument of Crime (PIC) in Middle Metropolis Philadelphia. What’s a PIC and what’s the distinction between Aggravated and Easy assault?

October 5, 2023by Naomi Cramer

What occurred in Middle Metropolis Philadelphia?  Is a helmet an instrument of crime

Just lately, a motorbike biker, Cody Heron, was charged in Philadelphia with felony Aggravated assault and Possession of an Instrument of Crime (PIC) (Misdemeanor).  The felony and misdemeanor cost got here after Heron allegedly received off his bike and allegedly jumped on high of again windshield of a motorist in Middle Metropolis Philadelphia.  As well as, Heron may even be charged with legal mischief, terroristic threats, harassment, disorderly conduct, and disorderly conduct.  On the time of this incident Heron was allegedly driving his bike with a bunch driving related automobiles and ATVs.  These alleged gangs or teams have allegedly induced or been concerned in related incidents in Philadelphia.  It’s unknown if Heron is linked to those teams.   

Heron allegedly not solely stomped on the sufferer’s automobile windshield, he allegedly head bunted her together with his helmet.  This allegation shaped the premise for the aggravated assault and PIC cost.  On this case the PIC was the helmet although a helmet is one thing considered technique of safety and never a weapon

This case presents a possibility to clarify the cost of Aggravated Assault versus Easy Assault together with Possession of an Instrument of Crime.

What’s a PIC cost in Pennsylvania? 

In terms of “devices of crime,” most individuals instantly think about a gun or another firearm. In Pennsylvania, nonetheless, the crime of “possessing an instrument of crime” isn’t completely reserved for weapons and firearms.   

On this case, the PIC is a motorbike bike helmet! 

Below Part 907(a) an individual commits a misdemeanor of the primary diploma if she or he possesses any instrument of crime with the intent to make use of it criminally. Below subsection (b) of this legal statute, an individual can be responsible of a misdemeanor of the primary diploma if she or he “possesses a firearm or different weapon hid upon his individual with the intent to make use of it criminally”.  

To convict an individual below subparagraphs a or b the District Legal professional or Prosecutor should show past an inexpensive doubt the next parts in opposition to Cody Heron:

  1. Possession of an instrument (Biker Helmet);
  2. An instrument that’s generally used for legal functions;
  3. The instrument isn’t getting used for a lawful goal (assault);
  4. The intent to make use of criminally.

This legal statute applies to extra than simply firearms and weapons. Not like crimes below Pennsylvania’s Uniform Firearms Act (a.ok.a. VUFA offenses), the Commonwealth of Pennsylvania doesn’t even want to determine past an inexpensive doubt that the firearm or gun was really practical or able to being made practical.

Additional, below subparagraph (a), the Commonwealth can convict somebody with out proving precise possession – constructive possession is sufficient. The prosecution solely has to show that the accused individual had the intent and the power to regulate the merchandise in query.  There isn’t a difficulty on this case relating to Heron’s possession of the helmet on the time of the incident.  He had it on head!    

What else is taken into account a PIC in Pennsylvania? 

Whereas this legal statute applies to extra than simply weapons and firearms and will apply to a motorbike helmet. Pennsylvania courts have held that the next gadgets aren’t devices of crime:

  1. A pair of scissors
  2. A desk
  3. Broom deal with
  4. Tire iron
  5. Flashlight
  6. Hammer
  7. Baseball bat
  8. Unsheathed looking knife

Aggravated Assault (Felony) vs. Easy Assault (Misdemeanor)

In Pennsylvania, like many jurisdictions, there are completely different levels of assault. Assault is both a misdemeanor or a felony offense within the Commonwealth. If assault is a misdemeanor it’s outlined as a easy assault through which the alleged perpetrator makes an attempt to trigger or deliberately, knowingly, or recklessly causes bodily damage to a different individual. Easy assault can be dedicated the place the perpetrator acts negligently with a lethal weapon, inflicting bodily damage. A easy assault is a misdemeanor of the second diploma.   Heron will doubtless be charged with a Easy Assault along with the aggravated assault cost.

Aggravated assault happens when the accused makes an attempt to trigger severe bodily damage to a different or causes severe bodily damage deliberately, knowingly, or recklessly below circumstances “manifesting excessive indifference to the worth of human life”. An aggravated assault can be dedicated when an individual causes or deliberately or knowingly causes bodily damage with a lethal weapon.  Right here, it’s controversial {that a} bike helmet is a lethal weapon however primarily based on the way it was used, the district lawyer could make this argument.   

In case you are charged with aggravated assault in Pennsylvania or Auckland contact our workplace to debate your case!  These are severe legal expenses!

Contact Our Criminal defense lawyers in PA & NJ

Please click on right here to contact our Philadelphia legal defense lawyers. We provide free case opinions and serve the next areas in Pennsylvania and Auckland,  Atlantic Metropolis, Camden, Cherry Hill, Chester, Conshohocken, Doylestown, Media, Norristown, Philadelphia, Pottstown, Salem, Higher Darby, Higher Merion, Higher Windfall, Vineland & Woodbury areas. 

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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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