Last night, my fiance got knocked out by a guy with a cast on, and hit in the head several times with it. After he was on the ground knocked out he continued to stomp on my fiances face. And the fight was on this other guys property. He came out with a gun pointed to my fiances face. Well after some friends got this guy off my fiance he came at me in the street (not on his property) and started to choke me. When he pointed the gun in my fiances face I took a gun out of my car and put it in my jacket pocket. Well when this guy attacked me and started to choke me I put the gun to his head and it shot of once in the air and then hit my friend in his belt buckle. Thank god it was a 22 and he had a belt buckle on. Hes fine. So I went to jail after eeryone protested and said that I did it in complete self defense, and was not on his property. I was arrested and Imout now, and were now hearing that if you hit someone with a cast on your arm, its assualt with a deadly weapon? true??
2007-12-15 15:22:27 · 9 answers · asked by Mary 4 in Politics & Government ➔ Law Enforcement & Police
And also Ive been told that this guy can get me with attempted murder? True? It was complete self defense. And yes, my fiance was on his property but I was not. And yes I am getting a good lawyer. I guess I just need an answer as to what is most likely going to happen. Thanks everyone.
NO STUPID/RUDE ANSWERS.
2007-12-15 15:24:45 · update #1
I was charged with Agg Assualt w/ a deadly weapon.
2007-12-15 15:53:06 · update #2
yes it is..if used as such it will be considered as one but only if it causes potentially deadly injuries..thats for a jury or prosecutor to decide..for that matter,the stomping can cause the boots/shoes to be considered as such...there are way too many variables in your case for a stock yes/no answer to any of your questions....your charge will be attempted murder but a jury can and prob will find self defense...but thats not a defense prior to having the charges filed against you
2007-12-15 15:27:06 · answer #1 · answered by Anonymous · 2⤊ 0⤋
MULTIPLE QUESTIONS--WOW WHAT A NIGHT?
1) THE CAST IS NOT PER SE A WEAPON IN AND OF ITSELF. BUT; WHERE THE CAST WAS USED AS A WEAPON, THEN WHEN IT KNOCKED HIM OUT IT BECAME A WEAPON OF FORCE AND AN ASSAULT.
2) GUN POINTED AT FIANCEES FACE ON PROPERTY-ILLEGAL--ONLY TIME HE HAS A RIGHT TO POINT A WEAPON AT YOU OR FIANCEE IS INSIDE HOME AND PROTECTION OF EMINENT DOMAIN. HOUSE.
3) CAME AT YOU ON STREET-PERFECTLY LEGAL TO POP A CAP AT HIM AND KILL HIM IF YOU FELT FEAR AND FELT ENDANGERED FOR YOUR LIFE AT THIS TIME AND THAT YOU WERE GOING TO DIE.
4) DID YOU HAVE A PERMIT TO CARRY A WEAPON CONCEALED? IF NOT THEY CAN CHARGE YOU WITH CARRYING W/O A CONCEALED WEAPONS PERMIT.
WHAT DID THEY CHARGE YOU WITH ANYWAYS? GET ALL YOUR FRIENDS TO GIVE STATEMENTS TO AN ATTORNEY AND FILE WITH THE COURT A REBUTTAL OF FACTS. IF WHAT YOU SAY IS TRUE YOU HAD A RIGHT TO PROTECT YOUR SELF AND FIANCEE.
2007-12-15 15:48:41 · answer #2 · answered by ahsoasho2u2 7 · 1⤊ 0⤋
Were missing things. Like why you were on his land in the first place. Were you there antagonizing him, challenging him? Did you bring people with you?
A decision on what you can be charged with and found guilty of is based on the "Totality of Circumstances." Will the jury find your version of the story more credible or his?
In California, hitting someone with a cast is ADW. Kicking someone that is down and defenseless is ADW.
2007-12-16 02:48:13 · answer #3 · answered by California Street Cop 6 · 0⤊ 0⤋
Wow- very convoluted story. Yes a good lawyer is recommended. In short, just about anything can be considered a deadly weapon, just depends on how well it is argued in court. Good luck
2007-12-15 15:39:38 · answer #4 · answered by Shark 1 · 1⤊ 0⤋
Better tried by 12 than carried by 6.
2007-12-17 01:38:41 · answer #5 · answered by R B 1 · 0⤊ 0⤋
That cast can be considered a deadly weapon.
2007-12-15 17:12:47 · answer #6 · answered by Kevy 7 · 0⤊ 0⤋
in this case yes it would be a weapon, it was used as one. he could be charged with alot of different things attempted murder being the most serious
2007-12-15 15:29:59 · answer #7 · answered by Rob M 6 · 3⤊ 0⤋
It's not concidered a deadly weapon, although it has the potential to be used as one.
2007-12-15 15:26:40 · answer #8 · answered by Thomas 2 · 0⤊ 2⤋
you've got yourself quite a couple of assault charges with this guy.
he'll be locked away for 5-10.
2007-12-15 15:49:33 · answer #9 · answered by Garfield 5 · 0⤊ 0⤋