Results 1 to 23 of 23

Thread: Need lawyer for bogus weapon charge

  1. #1
    Regular Member
    Join Date
    Sep 2010
    Location
    Central Virginia
    Posts
    7

    Need lawyer for bogus weapon charge

    A very close friend of mine was recently charged with brandishing (it was in an open case in the passenger seat). He is up against an LEO, from a nieghboring jurisdiction, with a reputation for an attitude. I am not going to tell his story, here, but he really needs a defense attorney with experience defending innocent defendants, not a plea agreement expert.
    Anyone?

  2. #2
    Regular Member MSC 45ACP's Avatar
    Join Date
    Apr 2009
    Location
    Newport News, Virginia, USA
    Posts
    2,845
    If he didn't touch it, no way those charges can "stick".
    "If I know that I am headed for a fight, I want something larger with more power, preferably crew-served.
    However, like most of us, as I go through my daily life, I carry something a bit more compact, with a lot less power."
    (unknown 'gun~writer')

    Remington 1911 R1 (Back to Basics)
    SERPA retention or concealed...

    "Those who hammer their guns into plows will plow for those who do not." ~Thomas Jefferson
    (Borrowed from "The Perfect Day" by LTC Dave Grossman)

  3. #3
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384
    Sic Semper Tyrannis

  4. #4
    Regular Member ProShooter's Avatar
    Join Date
    Mar 2008
    Location
    www.ProactiveShooters.com, Richmond, Va., , USA
    Posts
    4,671
    Quote Originally Posted by MSC 45ACP View Post
    If he didn't touch it, no way those charges can "stick".
    You don't have to touch a gun to brandish a gun.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  5. #5
    Regular Member
    Join Date
    Sep 2010
    Location
    Central Virginia
    Posts
    7
    Quote Originally Posted by MSC 45ACP View Post
    If he didn't touch it, no way those charges can "stick".
    Yeah... Police Captain's word against perp's. What do you think?

  6. #6
    Regular Member
    Join Date
    Sep 2010
    Location
    Central Virginia
    Posts
    7
    Quote Originally Posted by ProShooter View Post
    You don't have to touch a gun to brandish a gun.
    ??? How, then, otherwise?

  7. #7
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384
    Quote Originally Posted by ProShooter View Post
    You don't have to touch a gun to brandish a gun.
    ???


    18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

    C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
    Sic Semper Tyrannis

  8. #8
    Regular Member ProShooter's Avatar
    Join Date
    Mar 2008
    Location
    www.ProactiveShooters.com, Richmond, Va., , USA
    Posts
    4,671
    Quote Originally Posted by t33j View Post
    ???


    18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

    C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
    Yes, thank you. I'm aware of how the statute reads.

    You can brandish a gun by an ostentatious display. You ever see the old black and white movies with the gangsters? You know when the gangster wants someone to do something and he opens his coat to display the gun tucked in his waistband? He displays it to show that he means business, but he never touches it. That is still brandishing.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  9. #9
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705
    Quote Originally Posted by ProShooter View Post
    Yes, thank you. I'm aware of how the statute reads.

    You can brandish a gun by an ostentatious display. You ever see the old black and white movies with the gangsters? You know when the gangster wants someone to do something and he opens his coat to display the gun tucked in his waistband? He displays it to show that he means business, but he never touches it. That is still brandishing.
    There was a case cited here a while back of just this... the defendant either removed a jacket or pulled up a shirt, something like that, to explicitly show he had a gun in his waistband. He was found guilty of brandishing.

    TFred

  10. #10
    Regular Member ProShooter's Avatar
    Join Date
    Mar 2008
    Location
    www.ProactiveShooters.com, Richmond, Va., , USA
    Posts
    4,671
    Quote Originally Posted by nova View Post
    yup...and remember that in VA it has to be done with the intention of inducing fear of bodily harm or death to the person being "brandished" to.
    Well.....remember that the statute says nothing as to "intention". It only says that the person on the wrong end of the brandishing has a reasonably induced fear of being shot.
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  11. #11
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    That's not unusual to be charged with brandishing out of spite.
    Hanover has a long history of it and Henrico does it once in a while.

    Check out the link above. If it was a little further north, I recommend User but that's a long and expensive trip for him.

    Many years ago Va. Beach was charging people for brandishing just for having a rifle/shotgun in a rack.

  12. #12
    Regular Member t33j's Avatar
    Join Date
    Dec 2009
    Location
    King George, VA
    Posts
    1,384
    Thanks ProShooter.
    In the case of the OP though, I'm not sure how such a situation would occur if it was sitting on the passenger seat.
    Sic Semper Tyrannis

  13. #13
    Regular Member ProShooter's Avatar
    Join Date
    Mar 2008
    Location
    www.ProactiveShooters.com, Richmond, Va., , USA
    Posts
    4,671
    Quote Originally Posted by t33j View Post
    Thanks ProShooter.
    In the case of the OP though, I'm not sure how such a situation would occur if it was sitting on the passenger seat.
    Without all of the details, all we can do is guess. Perhaps the person made mention of the gun or glanced down at it while making some kind of threat. Who knows? Anything is possible though, especially in court.

    I once arrested a guy who I saw rip a passenger side mirror off of his girlfriend's car. He tore that thing clean off. I charged him with auto tampering, IIRC. Its like a vandalism charge but is specific to vehicles.

    The Magistrate told me "the police don't arrest people for damaging other people's property", and he wouldn't write the warrant. I was dumbfounded.

    I've seen prosecutors get convictions on shaky cases, and prosecutors who lose the typical slam dunk case. Its like "any given Sunday".
    James Reynolds

    NRA Certified Firearms Instructor - Pistol, Shotgun, Home Firearms Safety, Refuse To Be A Victim
    Concealed Firearms Instructor for Virginia, Florida & Utah permits.
    NRA Certified Chief Range Safety Officer
    Sabre Red Pepper Spray Instructor
    Glock Certified Armorer
    Instructor Bio - http://proactiveshooters.com/about-us/

  14. #14
    Regular Member
    Join Date
    Sep 2010
    Location
    Central Virginia
    Posts
    7
    Thanks for all of the good info but...
    Can anyone recommend a good lawyer (oxymoron, I know) in the Lynchburg area?

  15. #15
    Regular Member
    Join Date
    Aug 2009
    Location
    Portsmouth, Virginia, USA
    Posts
    463
    Go to www.vcdl.org There's a link to a page with gun friendly lawyers in VA.

  16. #16
    Regular Member
    Join Date
    Aug 2010
    Location
    Powhatan
    Posts
    15
    if brandishing is "inducing fear into an individual", then does that mean brandishing can be a direct link to assault?
    Last edited by 804emt; 09-21-2010 at 02:00 PM.

  17. #17
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848
    Quote Originally Posted by BarefootCarpenter View Post
    Thanks for all of the good info but...
    Can anyone recommend a good lawyer (oxymoron, I know) in the Lynchburg area?
    Try mark@vagunlawyer.com
    and dan@virginialegaldefense.com

    Ed
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  18. #18
    Regular Member
    Join Date
    Sep 2009
    Location
    , ,
    Posts
    47
    I didn't think cops could be cops outside of their jurisdiction. Does this mean that if someone from Fairfax can enforce laws in Richmond? I thought that was up to the state police.

  19. #19
    Founder's Club Member - Moderator ed's Avatar
    Join Date
    Mar 2008
    Location
    Loudoun County - Dulles Airport, Virginia, USA
    Posts
    4,848
    Quote Originally Posted by mrt6812 View Post
    I didn't think cops could be cops outside of their jurisdiction. Does this mean that if someone from Fairfax can enforce laws in Richmond? I thought that was up to the state police.
    I think they can if it's a Felony.
    Carry On.

    Ed

    VirginiaOpenCarry.Org (Coins, Shirts and Patches)
    - - - -
    For VA Open Carry Cards send a S.A.2S.E. to: Ed's OC cards, Box 16143, Wash DC 20041-6143 (they are free but some folks enclose a couple bucks too)

  20. #20
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    Quote Originally Posted by ed View Post
    I think they can if it's a Felony.
    That makes no difference Ed!

    Everyone has arrest powers in a felony case (all Citizens) It's not only common law but has been codified also.
    All Citizens have the right to arrest on a Misdemeanor that involves a breach of the Peace.

    That does NOT make them a Police Officer though.
    Outside of his venue, a Police Officer is just a Citizen with a bad haircut.
    Last edited by peter nap; 09-22-2010 at 02:37 AM.

  21. #21
    Regular Member
    Join Date
    Sep 2009
    Location
    , ,
    Posts
    47
    So according to what "peter nap" said, am I right except in the case of a felony and disturbing the peace? So a Fairfax cop can't enforce laws in Richmond unless it's a felony or disturbance of peace?

  22. #22
    Accomplished Advocate peter nap's Avatar
    Join Date
    Oct 2007
    Location
    , ,
    Posts
    13,580
    Quote Originally Posted by mrt6812 View Post
    So according to what "peter nap" said, am I right except in the case of a felony and disturbing the peace? So a Fairfax cop can't enforce laws in Richmond unless it's a felony or disturbance of peace?
    That is correct!
    That is assuming that he has not been assigned temporary duty in Richmond and given powers by the city.

  23. #23
    Founder's Club Member
    Join Date
    Nov 2006
    Location
    Fairfax Co., VA
    Posts
    18,766
    Quote Originally Posted by peter nap View Post
    SNIP Outside of his venue, a Police Officer is just a Citizen with a bad haircut.
    Hey!! Watch that capitalization, would ya! Especially when drawing a parallel like that!
    Last edited by Citizen; 09-22-2010 at 05:30 PM.

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •