My friend was followed home by some guy. After they got to my friend's house the guy was threatening to beat his ass and was a well built guy. After this guy started yelling my friend grabbed his gun from his car and headed to the house. The guy followed him and was trying to get into the house. My friend's dad was trying to keep this guy out but since he just broke his back he couldn't do much against this guy. At this point my friend racked his gun (should have been racked before this point IMO) and the guy said he was calling the cops and left. The police showed up and took a report ad confiscated his gun. Now his family is telling him to take anger management classes and his brother never wants to see him again because his wife and kid witnessed the whole thing. What is messed up about that is his brother carries everyday as well. Anyway, my friend is afraid that he could get charged with brandishing. I told him that if they had anything to charge him with they would have arrested him on the spot. He is still scared. Any advise I could give him to deal with his family or the law? BTW he lives in Dayton, I know it's the same laws but he says the DA is a real dick.
Laws vary state to state, not familiar with laws in that state, but in general, if you have reasonable cause to believe you are in danger, then you aren't "brandishing" if you display your firearm, draw it, etc.
Prosecutors, in deciding whether to charge consider BOTH sides of the story - your friends, and the other guys. Imo and Ime, based on scores of cases, that's why if you do act in self defense, it's best to give at least a brief account to the cops and then say you will give a full account once you get your lawyer. Fwiw, last night there was a guy in maple valley who fired at some home invasion robbers after they robbed him and were loading stuff (including his rifles) into their car. He was questioned at the scene by the cops, gave his side of the story, and that was that. I will bet anybody on this website no charges will be filed. Granted, he was a victim of a home invasion, much more severe than the above mentioned case, but by giving his "story" he will not be arrested or charged as in the overwhelming # of cases of self defense in my jurisdiction
http://www.komonews.com/news/crime/...pects-in-home-invasion-robbery-219596551.html
The "racked the gun thing" blows my mind. Does he carry his gun w.o a round in the chamber?
Was the guy standing at the threshold of his residence when he racked the gun? fwiw, in WA you CAN'T be charged with brandishing IF it occurs at your abode. Can't speak for the statute of the above jurisidiction, though. But likely the prosecutor will be much more sympathetic to your friend if he was standing at or near the threshold and simply defending it from entry, etc.
I don't know what you mean by the guys were trying to get into the house, and of course that's hugely relevant. Were they literally at the door, pushing the door in against resistance? etc. etc.