Possessing an Instrument of Crime (called a PIC charge) has three different variations depending on what the instrument possessed is:
- a weapon,
- body armor, and
- anything else.
It is vital to note that merely possessing body armor by a civilian is not illegal.
It is typically an add-on charge that is advanced by the government as a means to stack up the charges and really try to stick it to you. But the law is fickle and having
When folks ask: “Who is the best Possession of Instrument of Crime attorney near me?” The answer comes back to The McShane Firm. When you know you need the best, do as your neighbors and friends have been doing for nearly 20 years, contact us. We are central PA’s biggest and best criminal defense attorneys.
Charges Dismissed
With any guilty verdict on any charge I would have been given 20 months of back time in a PA DOC Facility. Your firm gave me another chance. I will recommend you to anyone who wants their own second chance.
BS
Without a doubt, the BEST Criminal law defense attorneys around! Choosing The McShane Firm for DUI defense was one of the best decisions of my life. Literally. They’re smart, look at case details in depth, and treat you like family.
R.M.
The McShane Firm is hands down the best criminal defense and DUI defense firm in Central PA. I have worked with them and have referred many others. They not only use the law but modern science and technology to resolve your case. Don’t fall for the goofy commercials with catchy jingles!! These men and women are the ture professionals you not only want, but NEED on your side. 5 stars aren’t enough!!
T.S.
Amazing team!
Corey and Cassandra did everything I could have ever hoped for! I had never been in any kind of trouble before and had tons and tons of questions. No matter how many times I contacted them, they were so quick to get me an answer and help me through so such a stressful time. I got exactly the outcome I was looking for (probably even better to be honest) and it was a very quick resolution as well. I would 100% recommend them to anyone in need of an attorney. I cannot thank them enough!
Jazz
The Law:
You can read the exact statute here: 18 P.S. § 907. Possessing instruments of crime.
Maximum Penalties:
If you plead guilty to this or are found guilty of PIC-General or PIC-Possession of weapon, it is a misdemeanor of the first degree (M1). All M1s have a maximum penalty of jail not more than five years and a maximum fine of $10,000.00.
But with a misdemeanor conviction there is just so much more to worry about. In truth, jail is temporary. The conviction and its consequences are permanent. You must consider Misdemeanor Conviction Consequences in Pennsylvania.
If you plead guilty to this or are found guilty of PIC-Unlawful Body Armor, it is a felony of the third degree (F3). All F3s have a maximum penalty of jail not more than seven years and a maximum fine of $15,000.00.
But with a felony conviction there is just so much more to worry about. In truth, jail is temporary. The conviction and its consequences are permanent. You must consider Felony Conviction Consequences in Pennsylvania.
Again, this is if the worst thing happens. We make sure the worst doesn’t happen. Let’s see how we can fight and beat the government, ok?
What the government must prove:
We must always recall that you are merely accused of a crime. As such, you have the presumption of innocence in your favor. The government must prove its case beyond a reasonable doubt. You do not have to disprove the government’s case or prove yourself to be innocent.
Possessing instruments of crime-General
The government must prove all of the following beyond a reasonable doubt:
- the accused
- possessed
- any instrument of crime
- with intent to employ it criminally.
Possessing instruments of crime-Possession of weapon.
The government must prove all of the following beyond a reasonable doubt:
- the accused
- possessed a firearm or other weapon concealed upon his person
- with intent to employ it criminally.
Possessing instruments of crime-Unlawful body armor.
The government must prove all of the following beyond a reasonable doubt:
- the accused
- in the course of the commission of a felony or in the attempt to commit a felony
- used or wore body armor or has in his control, custody or possession any body armor.
So, as we can see simply possessing a weapon in and of itself as well as possessing body armor in and of itself is not the crime of Possessing Instrument of Crime in Pennsylvania.
