Possessing Instruments of Crimes

When an object or weapon is involved in the commission of a criminal offense, a common charge that will be levied against an individual is that of “Possessing Instruments of Crimes.” This charge is found in title 18 section 907 of the Pennsylvania Criminal Code.

What must be evaluated in these cases is whether or not the person intended to employ any instrument of crime in a criminal manner. Importantly, there need not be what is generally termed as a “weapon” in order to be found guilty of this offense. Unlike what most may generally think – a knife or a gun, an instrument of crime is defined as anything that fits with in the following definitions. First, anything specifically made or specifically adapted for criminal use. Second, anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses that it may have.  Finally, anything commonly used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

An example of a situation where a normal everyday object may be viewed as an instrument of crime would be when a crowbar is used to break into somebody’s home or vehicle. That is not the lawful and intended purpose of a crowbar therefore it would fit under the definition of this crime.

If you or a loved one has been charged with a crime or are the subject of a case where Possession of an Instrument of Crime is charged contact Mike DiCindio, Esq. and DiCindio Law, LLC directly today.

 

  • 907.  Possessing instruments of crime.

(a)  Criminal instruments generally.–A person commits a misdemeanor of the first degree if he possesses any instrument of crime with intent to employ it criminally.

(b)  Possession of weapon.–A person commits a misdemeanor of the first degree if he possesses a firearm or other weapon concealed upon his person with intent to employ it criminally.

(c)  Unlawful body armor.–A person commits a felony of the third degree if in the course of the commission of a felony or in the attempt to commit a felony he uses or wears body armor or has in his control, custody or possession any body armor.

(d)  Definitions.–As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

“Body armor.”  Any protective covering for the body, or parts thereof, made of any polyaramid fiber or any resin-treated glass fiber cloth or any material or combination of materials made or designed to prevent, resist, deflect or deter the penetration thereof by ammunition, knife, cutting or piercing instrument or any other weapon.

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“Instrument of crime.”  Any of the following:

(1)  Anything specially made or specially adapted for criminal use.

(2)  Anything used for criminal purposes and possessed by the actor under circumstances not manifestly appropriate for lawful uses it may have.

“Weapon.”  Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. The term includes a firearm which is not loaded or lacks a clip or other component to render it immediately operable, and components which can readily be assembled into a weapon.


The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant.  The information provided is for informational purposes only and may not reflect the most current legal developments.  These materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances.  It is intended solely for informational purposes.

Michael D. DiCindio, Esq. is a West Chester criminal defense lawyer and personal injury attorney who represents individuals accused of crimes or injured by the negligence of others throughout all of Chester County, including West Chester, Phoenixville, Malvern, Coatesville, Paoli, Downingtown, Tredyffrin, West Goshen, Honey Brook, Oxford, Devon, Pottstown, Chesterbrook, Parkesburg, Kennett Square, and Avondale

Prior Bad Acts, Crimes or Wrongs – Chester County Criminal Defense

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Contact Chester County Criminal Defense Lawyer Mike DiCindio today


         Often times in a criminal case in Chester County, or any of the surrounding counties, prosecutors will attempt to introduce evidence of an accused’s prior bad acts, or evidence or other crimes. This can be devastating to a successful defense in a criminal case. This may happen in a case where identity is at issue or where intent is an element that the Commonwealth must be prove – among others. One of the common times that this would happen would be in a case of violence where the charges are simple assault or aggravated assault and the Commonwealth must prove that the attack was intentional.

              By law, before the Commonwealth may introduce these “prior bad acts” they must first put the criminal defendant on notice. Typically, this required notice is accomplished by advising an accused’s criminal defense lawyer that they intend to do so. This evidence in a criminal case, if admitted, is not permitted to be used to show a criminal defendant’s “bad character”, or to say, “they have done it once, now they have done it again.” Because of the intricacies of this type of argument and the great potential impact having these “prior acts” introduced into evidence may have on a criminal case, it is crucial that an individual accused of a crime have an experienced and knowledgeable criminal defense lawyer to analyze the case, the facts, the law and argue against allowing this type of evidence being admissible.

Your past should not be used to help prove new criminal accusations against you.

             Evidence of an accused’s other crimes, wrongs, or bad acts, is generally not admissible solely to show action in conformity therewith on a particular occasion in a criminal case. See Pa.R.E. 404. More specifically, this evidence is inadmissible to prove a defendant’s propensity to commit the crime for which he is being tried. Pa.R.E. 404(b)(1); see also Commonwealth v. Lockcuff, 813 A.2d 857, 860 (Pa. Super. 2002). Evidence of other crimes may however be admissible when the evidence serves a legitimate evidentiary purpose, and is not merely offered to prejudice the defendant. See Commonwealth v. Weakley, 972 A.2d 1182, 2009 Pa. Super 74 (2009). It is a skilled criminal defense attorneys job to argue against allowing this type of evidence into a criminal case.

              The Pennsylvania Rules of Evidence provide a non-exhaustive list of legitimate evidentiary purposes that past crimes may be admitted to prove. See Pa. R.Evid. 404(b). Of those listed, other crimes of an accused may be admitted to prove motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident. Pa.R.E. 404(b)(2). Further, while one or more admissible purpose must be present before evidence of an accused’s prior bad acts can be admitted, even if a legitimate evidentiary purpose is found by a Court, the evidence still is admissible only if the probative value of the evidence outweighs its potential for unfair prejudice. Pa.R.E. 404(b)(2). Therefore, a criminal defense attorney must be prepared to know the law and argue effectively against one of the enumerated purposes, or other legitimate evidentiary purpose, and also be prepared to show the Court why the evidence a prosecutor is attempting to admit has a potential for unfair prejudice that outweighs the probative value.

            When the Commonwealth places a criminal defendant on notice that it intends to introduce evidence of “prior bad acts” often times a criminal defense attorney must file a motion in limine in order to ask the Court to address the argument and make a determination as to the admissibility of the evidence the Commonwealth seeks to introduce. A criminal defense lawyer is needed to effectively and aggressively defend against this type of evidence being ruled admissible.

If you have been accused of a crime in Chester County, Montgomery County or the greater Philadelphia area, and you believe your prior actions or crimes may, or have already, become an issue in your case – Contact Mike DiCindio directly today to schedule your free consultation.  

***This blog is made available by the law firm publisher for educational purposes and to provide general information, not to provide specific legal advice.  By reading, you understand that there is no attorney client relationship between you and the publisher. The blog should not be used, nor is it meant to be, as a substitute for competent legal advice from a licensed professional attorney.***