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:
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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.
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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!!
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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.
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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.
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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.
