i was just outside of my home with my girlfriend. my ex showed up out of nowhere and i recognized her as she was running towards us yelling and screaming"***&*#@". i decided to go inside with my girlfriend asap!!! in doing so my ex pulled up to the door and demanded that my girlfriend come out... that she was going to "cut her head off". i warned her to leave the property and she refused and was attempting to come in when i saw that my riffle was out in the living room where i had been showing it to a friend earlier that day. i waved it from inside my house to scare her away and it worked, appearently too well!!! i had called the police to come and help diffuse the situation but to my surprise as they arrived they intervied her and then me. in no time i suspected there was something wrong. She was laughing with the cop! the cop soon concluded that she felt threatend and that i be charged with "assault with a deadly weapon!" i was the one who called in the first place! advice???
2006-12-11 10:02:06 · 30 answers · asked by Edgar S 1 in Politics & Government ➔ Law Enforcement & Police
The moral of the story is "Don't ever wave a gun at anyone. Someone will take it very seriously."
My best advice would be to see a lawyer and tell the truth. That's about all you can do, and hope for the best. And get rid of the gun. You can't very well be charged with assault with a gun if you don't have one.
2006-12-11 10:07:22 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Your girlfriend is the key. She should have been interviewed and if the stories lined up your ex should have been escorted away. You should be able to beat it in court but I would try talking to the DA and internal affairs with your witness. If they are on the level and your story is straight they should throw it out ASAP and take a look at the cop. Her showing up and saying that is a terroristic threat... I'm not sure about the gun thing. If it stayed in your house it might not be anything. As a general rule I would never pull a gun unless I was gonna use it. You should have shut the door and called the cops...
2006-12-11 11:15:13 · answer #2 · answered by ? 4 · 0⤊ 0⤋
It's one of those cases where the cops automaticlly believe the person that started the crap because she talked to them first.
First off, if what you said is accurate, then she attempted bodily harm to your girlfriend at your house. You felt threatened by this psycho so you exercised your Second Amendment Right to keep and bear arms and to protect yourself, your property and another person on your property. The official records will show that you called 911 because of the threat and you wanted the Police to defuse the situation. They did not arrive in a timely manner and you were forced to take additional measures to protect you and your GF from the ex GF. Unless you live in the North East US then you have nothing to worry about. Get a lawyer. This type of thing happens all the time and it's nothing a Judge hasn't heard before. The important fact is that she was attacking you, at your house. The show of a gun calmed the situation with no injury or no further action. You showed control of yourself, (by not shooting). The Cops arrived in time to end it before anyone got hurt. She, being in the wrong, started lying to make it look like you were attempting to kill her. You have a witness on your side. The ex was at your house, on your property. Sound like no case to me. The ex needs to be charged with filing false charges and attempting to harm you and your friend. Get a lawyer and push it. You didn't do anything wrong.
2006-12-11 10:15:58 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your ex sounds a little psycho. Sadly, I think most of these people are right, and she will get more sympthay than you. I think it would help a ton if your girlfriend could articulate how scared she was since your ex was apprently threatening her. Check to see if your current girlfriend would be allowed to press charges for harrassment. Try to show that your intent was to protect yourself and your girlfriend from harm. Make sure they understand that you asked her to leave and her threatening behavior was making you fear for you and your girlfriends safety. If there has been any previous incidents that involved threats to either of you, make sure you try and document when those were. If she does anything now that that has taken place, make sure to remember and write down specific incidents and also try as much as possible to avoid all contact with her. Make sure if there is any further problems you can prove that she was the one provolking more contact. Again, she sounds like a real peice of work. Good luck. Oh, and a lawyer is probably a good idea...
2006-12-11 11:14:19 · answer #4 · answered by nike54_la 2 · 0⤊ 0⤋
Doesn't matter who called the police. Brandishing a weapon (for whatever reason - excluding self defense which has to be proven and is very hard to do regardless of what you see on tv) is a serious offense and will get you busted everytime. Get a lawyer and work a deal with the prosecutor - try for diversion - that means avoiding making it a formal court case but still doing community service or something else. Plea bargain may work if its disturbing the peace - a non-weapon related charge. After that Probation is the next best because you avoid jail, but that means you'll have a conviction on your record.
2006-12-11 10:13:49 · answer #5 · answered by Drop Zone 2 · 0⤊ 0⤋
It should be easy enough to get out of if you get yourself a decent lawyer. How you got charged when she was on your property I'll never know. Why wasn't your girlfriend interviewed?
While you should not have a gun outside, the fact remains that she had come to your residence and threatened you and your girlfriend. Your girlfriend should be interviewed too.
Anyway, the police are only there to break up something like that and they have to make a judgment call. You were the one with the gun when they arrived so you were arrested. It doesn't mean that you are going to prison or even to trial. Just get an attorney and things should be alright.
2006-12-11 10:15:05 · answer #6 · answered by nana4dakids 7 · 0⤊ 0⤋
In your particular situation we would need more information on where you are from so that we know what the gun laws and home protection laws are. Technically, if you were in your home or if you took the weapon outside and actually threatened her with it. I do agree that you need to hire a good attorney. And your current girlfriend might actually consider filing for a restraining order against your ex to help prevent this situation from happening again. If she does so, this makes an actual record of the harassment. You might also find witnesses that can back up your claims before you go to court. It would help in the long run.
Good Luck to you!
2006-12-11 11:29:29 · answer #7 · answered by Mary J 4 · 0⤊ 0⤋
Damn. That sucks. Sounds like your ex turned the story around before the cops even had a chance to get to the door. Just keep telling the truth and stick to the same story. They will have a record that your the one who called first. I don't know what else to tell you, as I never been in that situation but good luck either way.
2006-12-11 10:06:53 · answer #8 · answered by Danelle 5 · 1⤊ 0⤋
Answer: A good lawyer
I was facing 3 felony charges with assault with a deadly weapon and it was knocked down to 1 misdemeanor
and just a little info. My lawyer said I would have been facing the same charges even if i would have non fataly shot them. So next time shoot that b)itch in the leg.
2006-12-11 10:11:33 · answer #9 · answered by slaphappypimp 3 · 0⤊ 0⤋
Even taking out the weapon and waving it is considered a threat and in doing so you made it appear that her life was being threatened as well. Adding onto the fact that you are a male, a threat against her life is made to be taken seriously. Although she started the conflict, showing off the weapon through the house to her will cause you to be charged exactly as you were.
Sorry about the bad news!
2006-12-11 10:07:33 · answer #10 · answered by Jiphire 2 · 0⤊ 1⤋