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Need lawyer for bogus weapon charge

BarefootCarpenter

New member
Joined
Sep 20, 2010
Messages
7
Location
Central Virginia
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?
 

t33j

Regular Member
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Dec 28, 2009
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Location
King George, VA
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.
 

ProShooter

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Mar 23, 2008
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www.ProactiveShooters.com, Richmond, Va., , USA
???


§ 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.
 

TFred

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Oct 13, 2008
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Most historic town in, Virginia, USA
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
 

peter nap

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Oct 16, 2007
Messages
13,551
Location
Valhalla
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.
 

t33j

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Dec 28, 2009
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Location
King George, VA
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.
 

ProShooter

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Mar 23, 2008
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www.ProactiveShooters.com, Richmond, Va., , USA
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".
 

804emt

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Joined
Aug 27, 2010
Messages
15
Location
Powhatan
if brandishing is "inducing fear into an individual", then does that mean brandishing can be a direct link to assault?
 
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mrt6812

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Sep 1, 2009
Messages
47
Location
, ,
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.
 

peter nap

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Oct 16, 2007
Messages
13,551
Location
Valhalla
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.
 
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