Possessing Instrument of Crime in PA (Maximums and Defenses)

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.

When selecting which attorney to hire, please consider:

  • Can you call anytime and talk to a live person?
  • Do they offer payment plans with no credit checks?
  • Will your attorney be attentive and explain what’s going on?

At The McShane Firm, we answer yes to all of these questions. We strive to provide you with a great customer service experience during this tough time.


Possessing-Instrument-Crime
Possessing-Instrument-Crime

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 is The McShane Difference?

  • We take time to understand your personal needs and goals. Then we cater our legal strategy to fit you.
  • We care about you. We listen and return phone calls. We will take time to explain things so you are not left anxious in the dark.
  • We will make this as easy as possible. We will try to minimize the number of times you have to be in court which means less disruption of your work and family life.

Does this sound like what you are looking for in an attorney? If yes, then take the next step and call (717) 657-3900.

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:

  1. the accused
  2. possessed
  3. any instrument of crime
  4. 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:

  1. the accused
  2. possessed a firearm or other weapon concealed upon his person
  3. with intent to employ it criminally.

Our Clients are entitled to a Bill of Rights which states:

  • Our clients have the right to expect, we will be proactive in communication. You will hear it from us first. We will return all phone calls, texts and emails promptly.
  • Our clients have the right to expect plain speaking, straight shooting. No B. S.
  • Our clients have the right to expect us to do it right the first time, every time.
  • Our clients have the right to expect us to be on time and professionally prepared for all court appearances, and all meetings.
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This is our promise to you. Call today to get us on your side: (717) 657-3900.

Possessing instruments of crime-Unlawful body armor.

The government must prove all of the following beyond a reasonable doubt:

  1. the accused
  2. in the course of the commission of a felony or in the attempt to commit a felony
  3. 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.