The curling iron was used for a criminal purpose so the person using it could be charged with Possession of an Instrument of Crime. If the police do not charge her, you can file a private criminal complaint with the District Court. It would then be up to the District Attorney to approve it.
I would advise you to retain an experienced criminal attorney as soon as possible. Also be careful not to discuss the details of your criminal case on the Internet.
Yes, a curling iron can be considered an instrument of a crime if it is used to assault someone.
I am an attorney in Pennsylvania but I am not currently *your* attorney. Nothing in my communication should be construed as creating an attorney/client relationship. Please contact me if you wish to retain me as your counsel.
I agree with my colleagues, if you have been arrested by Upper Darby, retain an experienced criminal defense attorney and stop discussing the details of the crime on a public forum. It sounds as if you may live with this person, you may need to find some other method off resolving your differences.
Stew Crawford, Jr., Esq.
Crawford Law Firm
A Full Service Law Firm Serving Pennsylvania & New Jersey
Philadelphia Area Office
223 North Monroe Street
Media, Pennsylvania 19063
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. If you wish to consult with an attorney, or have any questions concerning this comment, please feel free to contact our offices through any of the above contact sources.
You need a criminal defense attorney to represent you and review the facts and the law on self defense in your state. I assume you were arrested/charged with a criminal offense. Get counsel.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
Under § 907 In PA (relating to possessing an instrument of crime) a weapon is defined as "Anything readily capable of lethal use and possessed under circumstances not manifestly appropriate for lawful uses which it may have. ..."
To answer your question, a curling could be considered a weapon if used or held out as a weapon.
Please consult with an attorney and consider this answer for general purposes only.