brandish charge

brandish charge

This is a discussion on brandish charge within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; i was working a repossession case in va while working the case the lady came out at which time i had identified my self. she ...

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Thread: brandish charge

  1. #1
    New Member Array jayrecovery's Avatar
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    Exclamation brandish charge

    i was working a repossession case in va while working the case the lady came out at which time i had identified my self. she jumped into the driver seat and threw the vehicle into reverse and proceed to drive into myself, after she hit me the lady had shifted the car into drive and bumped the curb went around 2 vehicles and back into the parking lot and drove out into the street. at which time my partner called the local pd and informed them what had happened, also we had informed dispatch that we was behind the vehicle which she was driveing thru 3 different jurisdictions. she pulled into a parking lot of a gas station at which time she got out of the vehicle and was talking to my partner who did not have any luck she jumped back into her car while i was attempting to remove her plates hopeing that it would slow her down when she shifted the car into drive and hit me again at which time i drew my weapon and told her not to move until the police get there. when the local pd arrived on the location they told me to re holster my weapon and take the vehicle. my question is does that lady have the right to file charges even through the police did not file any charges. being she hit me with her vehicle.

    as it stands the subject filed a brandish a firearm charge which i think she got no right to do so under the situation.


  2. #2
    Senior Member Array Lewis128's Avatar
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    I'm not a lawyer, but I'm sure she can CLAIM you assaulted her with a tuna sandwich if she chooses. Proving it in court is another matter.
    Get a good attorney and counter-sue her worthless butt!

  3. #3
    Member Array GTOGuy's Avatar
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    I think it woud depend upon your state's laws. In OH you have a duty to retreat unless the Castle rule applies, and in your situation, it does not. It may be up to your local prosecutor to decide if he/she wants to file charges. This thread should generate some good discussion.
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  4. #4
    VIP Member Array BugDude's Avatar
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    You should file charges against her for assault with a deadly weapon (her car).
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  5. #5
    Senior Member Array FlyboyLDB's Avatar
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    She has every right to file. Several things could happen. One is you could be arrested. Others include the DA filing charges, it getting dismissed by the DA or the judge or worse. Witnesses will play a role here. You did not state whether the female filed the charges while the police were on the scene or after. If she files with the LEOs on the scene - and you did not get arrested - I would say odds are on your side. But with out knowing much more detail - it is all speculation.

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    Member Array Gibber's Avatar
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    For us older folks, can you please start over again step by step?

  7. #7
    VIP Member Array Janq's Avatar
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    VA statute on brandishing
    Virginia Code 18.2-282 - Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearan... - Virginia Virginia Code 18.2-282 - Pointing, holding, or brandishing firearm, air or gas operated weapon or object si

    VA case law on brandishing
    Virginia Case Law on Firearms and the Use of Deadly Force

    Past DC.com thread on brandishing in VA
    http://www.defensivecarry.com/vbulle...andishing.html

    Bottom Line:
    I am not an attorney. Seek one and retain him/her, tomorrow.
    Beyond that though to my mind what is key here is that she struck you with the vehicle. That in itself is assault.
    She assaulted you twice while in the commission of theft as you were acting as a recovery agent.
    You may not use deadly force to recover property in VA but you may do so as defense of yourself or another against assault of a manner that can/would result in significant injury/wounding or death. Recall this as from the mandatory CHP course you took in VA in order to secure a carry permit.

    Key is to document the fact that she hit you with the car, willingly and with intent.
    I hope you stated all of this to the responding LEO AND that he/she documented same. In hind sight it would have been to your advantage to have requested medical attention on sight to further document her having hit you.
    Have your partner document all that he saw as well, and he too may need an attorney.

    This may be thrown out by the judge. It may not.
    Either way you are now caught up in some, stuff. :|

    - Janq
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    Member Array coriantan's Avatar
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    Based on what you said, you could have shot her after she hit you with the car. She was assaulting you with a deadly weapon. Obviously you didn't fear too much for your own life or you would have shot her, but you have a pretty good defense, as long as all this information was reported to the police at the time.

    Good luck. Charges can be filed by anyone for anything. Wether or not they stick is another thing.
    ~Coriantan~

    "When seconds count, the police are only minutes away." * "Don't bring a knife to a gun fight."

  9. #9
    Member Array ItsMyRight2's Avatar
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    Immediately file charges against her for the assault with her vehicle.Since she chose to file charges you should also. One reason is that it will help your brandishing case if it goes to court and second... you at least have a bargaining chip to maybe to get her to drop charges against you.

    And on another note...I do think the fact that you pursued her and then continued the confrontation might weigh against you in court. I'm no expert but I don't think repo agents are allowed to chase down and cause huge confrontations. Your not the police and the fact that you were chasing her and such could be turned into her defending herself against two repo agents who went way above their call of duty. So if I was you I would probably get a lawyer if you haven't already.
    When governments fear the people, there is liberty. When the people fear the government, there is tyranny.
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  10. #10
    VIP Member Array Stevew's Avatar
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    Was it noted in police report that she assualted you with vehicle? Why wasn't she arrested for assualt? I hope it wasn't because you wanted to be a nice guy and not press charges. When someone behaves as she did I would assume that she was not the type person to return you act of kindness. I would suspect that she is the revenge and get her way at all cost type person.
    Good people do not need laws to tell them to act responsibly, while bad people will find a way around laws. Plato

  11. #11
    Senior Member Array Grant48's Avatar
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    Individuals cannot "press charges". Unlike what is depicted on tv/movies, criminal charges are pursued by the prosecutor on behalf of the state, not on behalf of an individual.

  12. #12
    Member Array jimtem's Avatar
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    Quote Originally Posted by Grant48 View Post
    Individuals cannot "press charges". Unlike what is depicted on tv/movies, criminal charges are pursued by the prosecutor on behalf of the state, not on behalf of an individual.
    really?

  13. #13
    Senior Member Array rmodel65's Avatar
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    first off i would delete you post stating you brandished your gun.....
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  14. #14
    Senior Member Array rmodel65's Avatar
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    Quote Originally Posted by Grant48 View Post
    Individuals cannot "press charges". Unlike what is depicted on tv/movies, criminal charges are pursued by the prosecutor on behalf of the state, not on behalf of an individual.


    umm you can go to the magistrate and get a warrant here in GA even if your not a cop etc.....
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  15. #15
    Member Array ItsMyRight2's Avatar
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    Quote Originally Posted by Grant48 View Post
    Individuals cannot "press charges". Unlike what is depicted on tv/movies, criminal charges are pursued by the prosecutor on behalf of the state, not on behalf of an individual.




    When governments fear the people, there is liberty. When the people fear the government, there is tyranny.
    The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.
    - Thomas Jefferson

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