misdemeanor 1 with only a two year max sentence

[kevinw]

Three years ago I had to shoot a dog when it attacked me, I was initialy charged with reckless endangerment and animal crulety. The reckless endangerment was dropped and I pled guilty to cruelty to animals. This offense is graded an M1 however the statute specificaly states max imprisonment of two years and or 1,000 fine. Will PICS know this or am I going to have to submit a copy of the statute.

[knight0334]

Three years ago I had to shoot a dog when it attacked me, I was initialy charged with reckless endangerment and animal crulety. The reckless endangerment was dropped and I pled guilty to cruelty to animals. This offense is graded an M1 however the statute specificaly states max imprisonment of two years and or 1,000 fine. Will PICS know this or am I going to have to submit a copy of the statute.

Typically M1's have a max of 5years in PA. However if the statute provides for a specific sentencing guideline they must use it.

Knowing the PSP, they will likely flag you, possibly even deny you on a PICS review. You'll likely have to appeal and prove to them the max sentencing.

[BimmerJon]

It's a shame you didn't have a better lawyer.

It's legal to shoot dogs in PA that are actively chasing or attacking a human or other domestic animal.

Why would you be charged and why did you plea?

(a) Legal to kill certain dogs.--Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act. There shall be no liability on such persons in damages or otherwise for such killing.

[Python73]

and I pled guilty to cruelty to animals.

Ditto. Why the hell would you plead to this? If the dog was actually attacking you, and wasn't a chihuahua or something (and those fuckers can be viscous) how did you commit cruelty? Missing some facts here.

I loves me some dogs, but if a dog thinks he's going to maul me or mine it goes in a fucking box. Followed quickly by a stern discussion with the owners who are at fault assuming I can find them.

[eddystone3006]

Ditto. Why the hell would you plead to this? If the dog was actually attacking you, and wasn't a chihuahua or something (and those fuckers can be viscous) how did you commit cruelty? Missing some facts here.

I loves me some dogs, but if a dog thinks he's going to maul me or mine it goes in a fucking box. Followed quickly by a stern discussion with the owners who are at fault assuming I can find them.

NOW TESTIFY!!!!!!!!!!!

[whoshisface]

Why in the heck..

Man.. Good lawyers are important.

[PA Traveler]

The topic is addressed on this legal blog- article dated Sept 2011. Blog owner / writer is a PAFOA member.

http://blog.princelaw.com/category/f...-firearms-law/

[SigForLife]

The PSP will almost certainly deny you on the initial PICS check. Also, if I harbored a guess, they will likely want a judicial determination that you could not have been punished by more than two years in jail, due to the grading, even though the statute is clear. It would not be the first time the PSP has gone this route. That means you will either have to go before an ALJ on a PICS Appeal or file a motion under your criminal docket for the Judge to issue a decision that it could not be punished by more than 2 years.

[eddystone3006]

if they deny you for protecting yourself, say screw them and hit up a gun show.

In all righteousness, who the hell do they think they are to decide what you can and can not have? Are they god?

nope just people who get off by lying to themselves that they make a difference.

soon enough, S will HTF and police will be extinct within the first 20 minutes or so. get a gun then LOL

[BimmerJon]

I feel an infraction coming...