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Awesome LEO interaction in an adverse situation
- Thread starter enigmamdw
- Start date
Would the same apply inside a private dwelling or would that be considered to not be a "public place"?
Don't know. That's a question for Dan. Just being charged is BAD though and they can always amend it.
What's the penalty for shooting at an occupied dwelling?
enigmamdw
Regular Member
I think the title still applies. The adverse situation, as it clarifies, is just more so than originally thought.
Out of interest and in response to the next post I looked into similar codes.
Unfortunately there is a seperate code for that... and it's much worse. Which might begin to explain why the officers were talking about low key. As the more applicable law code is...
enigmamdw
Regular Member
That was my point and that charge is still avery real possibility. specially if the Commonwealths Attorney wakes up on the wrong side of the bed.
The charge doesn't have to be made on the spot. The statute of limitations on a felony is forever.
Looks like bad to worse, perhaps. It would be interesting to see what code they cited.
user
Accomplished Advocate
Nope, a "public place" is a location that is open to members of the public, generally. That's different from "in public" which is a location open to observation from public places, such a the front porch of an urban residence. So if the code section is 18.2-280, and the "friend" has a good lawyer, he ought to beat that charge. However, the charge could be amended. I was thinking more in terms of "reckless handling": Va. Code section 18.2-56.1(A), also a class-one misdemeanor.
Oh, and yes, the OP has pretty much already admitted negligence, if the resident below or the landlord should choose to file suit. Damages are questionable, however.
Ocean View, eh? I'd call Bob Herron, and see what he says:
Attorney Robert W. Herron III
Anderson & Associates, PC
2492 N. Landing Rd., Ste 104
Virginia Beach, VA 23456
Office: (757) 301-3636
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OP says 18.2-280, but as PN states the CA could have different ideas and press for something more serious. especially if he/she wants to make an example. :uhoh:
eta: sounds like the OP's friend definitely needs expert legal representation.
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That's what I was thinking about (negligence and what may come from that). Landlord has to have a contractor inspect the property to ensure that the round didn't do any damage to whatever (e.g., electrical) as it passed between floors. Downstairs tenant suffers emotional distress not knowing if still unsecured guns overhead may again be discharged. Landlords insurance premium goes up or even is cancelled as a direct result of the incident. And so on.
enigmamdw
Regular Member
Copy all.
Been answered for the most part since that post was made.
marshaul
Campaign Veteran
Pretty sure the police picked the wrong charge.
H
Herr Heckler Koch
Guest
Travesty: Absurdity, gross misrepresentation, parody, poor imitation
OP misused the fourth word of the OP
enigmamdw
Regular Member
Maybe I need to get myself a dictionary to go along with a better understanding of law codes...:banghead:
User,
I passed on your posted information to the shooter, as well as all the relevant options/charges so now I wait and see what comes of that.
As far as the landlord goes. I'm going to seek resolution with the resident below without landlord involvement. Unless of course this is somehow illegal in which case I'll probably be in for a bumpy ride. Maybe I need a lawyer too... :shocker:
Could be if someone files a civil claim against you for actual damages to the dwelling or violation of your lease if there's a stipulation in it regarding firearms (landlord) or emotional distress (downstairs tenant). Doesn't appear you'll face any criminal charges since the Parent Liability Child's Act isn't a player (didn't "forget" to mention you have minors in the house, did you?).
Having a loaded firearm in your dwelling isn't against the law. Or if it is, I'm in big trouble on multiple counts.
And luckily, picking bad friends or having a case of the dumbass also isn't a chargeable offense.
ArmedBarrister
Regular Member
- Joined
- Oct 12, 2010
- Messages
- 27
I just got back from court and lo and behold there's a full-blown, two-page discussion thread with my name in it. You guys have been busy this morning!
FYI, the contact information listed by Dan is correct.
Enigma, PM sent.
Dan, thanks for passing along my information.
Neplusultra
Regular Member
I agree with Marshaul, the keyword in the charge is "willfully", which this is not the case. User is right in that it's a "reckless handling" charge which could be amended to this charge later, as I think Peter pointed out.
There was one thing a few people brought up, and I may be wrong about this, but a CHP cannot be taken away or denied by one misdemeanor charge even if it's class 1. It can be suspended under a felony charge prior to conviction but not revoked. I think you have to have two misdemeanor charges (one has to be a class 1) within three or five years to be prevented from getting a CHP and even then I think it's up to the judge. Bit fuzzy in my memory, I'd have to look it up....
There was one thing a few people brought up, and I may be wrong about this, but a CHP cannot be taken away or denied by one misdemeanor charge even if it's class 1. It can be suspended under a felony charge prior to conviction but not revoked. I think you have to have two misdemeanor charges (one has to be a class 1) within three or five years to be prevented from getting a CHP and even then I think it's up to the judge. Bit fuzzy in my memory, I'd have to look it up....