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Being "innocent" is important for self-defense!

TFred

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
We talk about this once in a while, but don't see too many actual cases. Convicted drug dealer was about to be robbed buy two other guys, so he pulls out a gun and shoots, hitting them both.

All are convicted of various crimes, but the shooter ends up with the most jail time!

TFred

Shooter in drug-deal-gone-bad case gets prison time

A 75-year-old Stafford County man who shot two of the three people who tried to rob him of drugs and money last year was ordered Friday to serve two years in prison.

Willie Claude Herring pleaded guilty in Stafford Circuit Court to possession of oxycodone with the intent to distribute and possessing a firearm as a felon. In return for Herring’s guilty pleas, prosecutor Michael Hardiman dropped several other charges.

[snip]

All three of the would-be robbers were convicted of felonies in the case, but Herring ended up with more prison time than all of them.

The Atkins brothers were both ordered to serve a year in prison after pleading guilty to attempted robbery and conspiracy; Jenkins was convicted of conspiracy and received a suspended sentence.​



"And I said to myself, this is the business we've chosen..."
 
skidmark

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
And yet the shooter's charges and sentences had NOTHING TO DO WITH THE SHOOTING. (Pardon my loudness.)

Willie Claude Herring pleaded guilty in Stafford Circuit Court to possession of oxycodone with the intent to distribute and possessing a firearm as a felon. In return for Herring’s guilty pleas, prosecutor Michael Hardiman dropped several other charges.
Click to expand...

Apparently one of the charges dropped was possession of a firearm during the commission of a drug crime.*

Even felons have the right of self defense http://www.courts.state.va.us/opinions/opncavwp/1982002.pdf although it does depend heavily on whether the felon had the firearm prior to the imminent threat of death or serious bodily injury.

I swan, a knowledge of the criminal code is a dangerous thing.;)

stay safe.

* Some day remind me to tell you about the guy who was serving time for possession of a firearm during the commision of a felony - that was his only conviction. Never was convicted of committing an underlying felony. He was enhanced.
 
wylde007

wylde007

Regular Member
Joined
Jan 23, 2009
Messages
3,035
Location
Va Beach, Occupied VA
skidmark said:
* Some day remind me to tell you about the guy who was serving time for possession of a firearm during the commision of a felony - that was his only conviction. Never was convicted of committing an underlying felony. He was enhanced.
Click to expand...
Rates right up there with a standalone conviction of "resisting arrest"...
 
user

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
The "innocence" required for justified or "perfect" self defense is being free from fault in bringing about the conflict that led to the necessity for self defense.
 
skidmark

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
user said:
The "innocence" required for justified or "perfect" self defense is being free from fault in bringing about the conflict that led to the necessity for self defense.
Click to expand...

So you are saying that even while committing a/several felony behaviors, if I didn't say or do anything to start the fight, I could claim the defense of justified homicide? Like if I was a convicted felon with a pistol in my pocket while selling drugs and remained polite and business-like but the folks I was selling to decided it would be more fun to jump me?

Imagine that!

stay safe.
 
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