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Robbery and Assault Charges for Pepper Spraying People

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  • 01-26-2016, 05:50 AM
    1xm6
    Robbery and Assault Charges for Pepper Spraying People
    My question involves criminal law for the state of: PA

    My daughter was arrested in PA for shoplifting at a Wal Mart. She was caught pushing out 2 shopping carts full of merchandise out the front door. When LP and the State Police caught her she pepper-sprayed them both. (You read that right)
    She is charged with:
    F2 18 § 3701 §§A1IV Robbery-Inflict Threat Imm Bod Inj
    M1 18 § 2701 §§A1 Simple Assault
    M1 18 § 3929 §§A1 Retail Theft-Take Mdse
    Her Formal arraignment is coming up. She also has an unrelated DUI charge that she plead guilty to and was just accepted into ARD
    Her plan is to plead out and hope for probation. She is one of those people who thinks she's smarter than everyone else.
    She won't stop stealing or using. This is he first time she was caught shoplifting, but she has been arrested before...Domestic Violence.

    2 questions:
    What are the chances that ANYONE would accept a plea deal in this case?
    How much time could she be looking at...if any?
  • 01-26-2016, 07:21 AM
    flyingron
    Re: Robbery and Assault
    We certainly can't tell the circumstances and I bet you can't either. She needs a lawyer BIG TIME with those charges. Frankly, I think the felony is "trumped up" a bit if the sole basis for that is the pepper spraying. This doesn't by itself constitute the "serious bodily injury" component of 18 PaCS 3701. She appears to be guilty of the other two charges (which as first degree misdemeanors are bad enough). Further, the fact that she already has been given ARD sort of precludes it from being offered again at this point and frankly, she's likely to get the DUI charge reinstated because she violated the ARD probation.

    You didn't mention as to whether she was convicted before on those DV charges. Even without priors, she'd likely be going to prison on the Robbery charge. With priors she's right in the boundary between RS (probation) and jail time on the misdemeanors alone. The time she could get (without the felony) is probably in the range of 2.5 years. I wouldn't be surprised at six months.

    She NEEDS a lawyer.
  • 01-26-2016, 09:20 AM
    DeputyDog
    Re: Robbery and Assault
    Major theft (2 cartloads,) she pepper sprays both LP and a state trooper, recent arrest, and other criminal record of violence?

    Enjoy visiting her through plated glass and talking on the phone, because that's the only contact you are going to have with her for a while.

    Even if the "serious bodily injury" part can be refuted, she's definitely guilty of section V of the robbery statute, which says "uses force ... however slight." So instead of a felony of the 2nd degree, she might be looking at a felony of the 3rd degree, IF her lawyer can successfully argue that pepper spray isn't "serious bodily injury." That's a big IF, and in that case, prison time is still likely.

    She will have to learn the hard way. By the way, you don't say what LP and the trooper did to her after she sprayed them, but in my neck of the woods, she would have been headed to the hospital after being taken into custody, and the felony charges would have been the least of her worries.
  • 01-26-2016, 09:29 AM
    jk
    Re: Robbery and Assault
    So deputy dog your response to a combative party is to apply excessive force regardless whether needed or not? Thanks for making cops look bad.
  • 01-26-2016, 09:41 AM
    flyingron
    Re: Robbery and Assault
    I missed the fact she was indeed charged with (v), it indeed looks worse that way though it's probably still rebuttable that the subsequent assault was part of them trying to apprehend someone who had already committed the theft. This is definitely the sort of thing that PA over charges with so that they can get an easy guilty plea to the other offenses. Still, she needs an attorney prior to the prelims. The prelims is where the lawyers and the DAs typically do their wheeling and dealing on the charges.
  • 01-26-2016, 10:49 AM
    Ohiogal
    Re: Robbery and Assault
    Quote:

    Quoting 1xm6
    View Post
    My question involves criminal law for the state of: PA

    My daughter was arrested in PA for shoplifting at a Wal Mart. She was caught pushing out 2 shopping carts full of merchandise out the front door. When LP and the State Police caught her she pepper-sprayed them both. (You read that right)
    She is charged with:
    F2 18 § 3701 §§A1IV Robbery-Inflict Threat Imm Bod Inj
    M1 18 § 2701 §§A1 Simple Assault
    M1 18 § 3929 §§A1 Retail Theft-Take Mdse
    Her Formal arraignment is coming up. She also has an unrelated DUI charge that she plead guilty to and was just accepted into ARD
    Her plan is to plead out and hope for probation. She is one of those people who thinks she's smarter than everyone else.
    She won't stop stealing or using. This is he first time she was caught shoplifting, but she has been arrested before...Domestic Violence.

    2 questions:
    What are the chances that ANYONE would accept a plea deal in this case?
    How much time could she be looking at...if any?

    The likelihood of probation for a F2 burglary is slim. She does need an attorney.
  • 01-26-2016, 11:12 AM
    flyingron
    Re: Robbery and Assault
    Quote:

    Quoting Ohiogal
    View Post
    The likelihood of probation for a F2 burglary is slim. She does need an attorney.

    Even without the felony with her previous misdemeanor record, she's on the border of the RS (probation) parts of the sentencing matrix.
  • 01-26-2016, 12:29 PM
    tc498
    Re: Robbery and Assault
    "The likelihood of probation for a F2 burglary is slim." She does need an attorney. (Maybe she could of got probation). Now she attacked with a weapon,two people,one who is a cop,if goes to prison for anything under 5 years I would consider her lucky. Pepper spraying a cop is a good way to get sh*t beat out of her,the girl needs a reality check.

    "Even without the felony with her previous misdemeanor record, she's on the border of the RS (probation) parts of the sentencing matrix." (Throw in the two assualts,one on a cop,its not looking good) How much was her bail? Seriously,a plea bargain for a few years in prison,is probably a good offer.She needs to understand she looking at a very long time in prison.

    Quote:

    Quoting jk
    View Post
    So deputy dog your response to a combative party is to apply excessive force regardless whether needed or not? Thanks for making cops look bad.

    She giving the person useful advice,right or wrong,cops have beat people up. If your pepper spraying them,your risking bodily harm. This girl is very naive,she gonna get a wake up call eventually. Honestly 1-2 years in prison,might teach her actions have consequences. The two violent charges,could make them stack the penalty,maybe 5-7 years for both. She needs an excellent lawyer who could work at plea,I would be shocked if does not get jail time and most likely prison time. Now she wants to hopefully make sure it's not too long,she could be screwed. The girl could be looking at 10 years or more,the wrong judge or da might be very strict b,c she pepper sprayed a cop.

    Second-degree. Not more than 10 years in prison and up to $25,000 in fines
    (who to say they want to plead it down one more degree,even a f3,can be a decent amount of prison time.)

    http://www.criminaldefenselawyer.com...lony-class.htm
  • 01-26-2016, 12:43 PM
    1xm6
    Re: Robbery and Assault
    She has a lawyer. She was arrested for the DV, but of course, her boyfriend decided not to testify.

    Her bail was 10% of $5000.00
  • 01-26-2016, 12:52 PM
    tc498
    Re: Robbery and Assault
    If her actual bail was 5,000,that is sort of lot but giving all those charges it's actually not that high. Hopefully everything can work out for the best,even in the best of scenarios,she probably gonna have to a year at county. She needs to stay out of trouble,sometimes cases can drag on and if she keeps her nose clean it can help her.

    If she just let the security,call the cops and get arrested she might of only been charged with a misdemeanor. Maybe a felony,that probably could of got reduced to a misdemeanor with probation. If god mircalouses gives her probation or short jail stay,if she slips again,they are gonna throw the book at her.

    Quote:

    Quoting flyingron
    View Post
    We certainly can't tell the circumstances and I bet you can't either. She needs a lawyer BIG TIME with those charges. Frankly, I think the felony is "trumped up" a bit if the sole basis for that is the pepper spraying. This doesn't by itself constitute the "serious bodily injury" component of 18 PaCS 3701. She appears to be guilty of the other two charges (which as first degree misdemeanors are bad enough). Further, the fact that she already has been given ARD sort of precludes it from being offered again at this point and frankly, she's likely to get the DUI charge reinstated because she violated the ARD probation.

    You didn't mention as to whether she was convicted before on those DV charges. Even without priors, she'd likely be going to prison on the Robbery charge. With priors she's right in the boundary between RS (probation) and jail time on the misdemeanors alone. The time she could get (without the felony) is probably in the range of 2.5 years. I wouldn't be surprised at six months.

    She NEEDS a lawyer.

    I heard of an idiot,spiting on a cop and getting 3 months to year,this girl pepper sprayed two people. Lord have mercy.
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