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Come back here with my show!
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He followed me to my house. Got out extremely hostile. And charged me. Maybe I felt like my life was in danger? And who are you to tell me when I can and can't feel a threat? And maybe I had a bad work day and wasn't about to put up with any more shit. Point I'm making is he freaked out, followed me for about a mile, then peoceded into my PRIVATE ROAD that is a dead end. WHERE I LIVE. Because I didn't think he was actually gonna follow me. So yeah I am gonna draw on him.
None of us are here to tell you when you can and can not feel a threat. But should you end up in court with a jury telling you that you were wrong, well, we did warn you.

Oh, and bringing up your bad work day is completely irrelevant. See where that gets you with an ADA in a plea deal or in a criminal trial...

Don't get me wrong, if someone follows me to my house (of course I wouldn't GO to my house, but still,) they're likely to have a bad day. But ADW charges suck, and I'll try to avoid them myself.
 

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If you point a what someone believes to be an assault rifle at them there is a really good chance you are going to get arrested for Aggravated Assault. The gun does not have to be real, just the victim's fear. If you shoot someone with any projectile, then there is a really good chance you will be arrested for Battery, or worse, Aggravated Battery. I would leave the pepperball launchers and paint ball guns alone. They will only get you in trouble. If the threat is serious enough, the use a firearm to defend yourself.
Aggravated assault requires a deadly weapon. Non-lethal is not a deadly weapon.

Self-defense, prevention of a crime, defense of property and/or non-lethal nullifies ALL of the above charges EXCEPT simple battery because they can always say "Oh, you didn't have to shoot him with 5 pepperballs, he was subdued at 3" to which you reply "He may have been faking it". Simple Battery is a misdemeanor which can be pled down to probation fairly easily and regularly as long as you don't have any priors.

OK, this is kind of long... I am NOT a lawyer and that is a good thing, but, I would bet that I know more than some of them because having dealt with them I am less than impressed.

You are sadly correct concerning the firearm. The precedence is there for the court as far as use of a firearm, and the folks in the court aren't always the smartest legal folks in the room, nor the most honest, nor are they that interested in "justice". Non lethals have few precendence and the court is often too lazy to actually apply the law in the case and just try to go for piled on plea deals or conviction.

Assault requires only a threat of force either verbalized or physical in an attempt to force a person to act. Assault charges are waived in self-defense, prevention of a crime, or defense of property. It is obvious the arresting officer in his case didn't realize this, otherwise he would not have arrested him. JUST SEEING A GUN IS NOT ASSAULT.

Battery is only a misdemeanor and requires contact of some sort, and for aggravated battery you must make contact and do permanent bodily harm. Again, this does not apply in THIS state if it is in self-defense, defense of property, OR if using non-lethal. With non-lethal the WORST you could get is Simple Battery, a misdemeanor. Will the DA TRY to get something else?! SURE! That is why YOU need to know the law before the DA lies to the jury.
 

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None of us are here to tell you when you can and can not feel a threat. But should you end up in court with a jury telling you that you were wrong, well, we did warn you.

Oh, and bringing up your bad work day is completely irrelevant. See where that gets you with an ADA in a plea deal or in a criminal trial...

Don't get me wrong, if someone follows me to my house (of course I wouldn't GO to my house, but still,) they're likely to have a bad day. But ADW charges suck, and I'll try to avoid them myself.
There are, however, two exceptions to this rule. First, where retreat is required, it is only required where it could have been done in complete safety. That is to say, if the defendant reasonably believed that he could not retreat in complete safety he is not required to retreat at all before resorting to deadly force. See State v. Anderson, 631 A.2d 1149 (Conn. 1993).

Sitting in your house with the guy waiting outside is NOT COMPLETE SAFETY. Also, New Mexico has no duty to retreat, and he was defending himself and his property. Furthermore, he needs to find that ambulance company and file charges for falsifying a police report leading to his arrest.

Also you have NO OBLIGATION TO CALL 911 FIRST. That is utter BULLSHIT. Your obligation is to first DEAL WITH THE THREAT in any way required.

Did we all become Chicago or New York recently with a bunch of ppl who need to allow themselves to be beaten to death to prove their "innocence"?
 

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No wonder juries convict ham sandwiches.. Because they only know barely as much law as the sandwich.

Ugh, I am out.. Would you all READ some of this, PLEASE, before this MF'er becomes a POLICE STATE and your juries all start convicting EVERYONE "because the judge said"?!?! Judges are often FULL OF SHIT also and intimidate juries.. WTH ppl cmon..

New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia
 

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Overboosted
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1,357 Posts
You do realize mr. blaqlab that the people calling you out on your proper use of force ARE COPS? Say what you will but I'll go by what the Police Officer with decades of experience says here.
 

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Titan Killer/ Creeper
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5,884 Posts
Odd thing is by law if you would have shot him it would have been no issue. But, waving gun around is a problem. SHOOTING some jackass legally is just FINE. Go figure.

That will teach you to hesitate. Obviously you weren't in fear for your life or you would have shot him. See how that works?

Cops have probably been looking for him for a while, would have done them a favor, take you out for drinks lol.

Pepperball guns are a good alternative. Just let it rip, no jurisdiction and no "menacing" charges and no reason to hesitate.

Sounds like it was a premeditated setup. Then off to jail you go and they rob your house have a nice day. :)
Hell I saw a gun from HERE what are you talking about?!? Don't bad guys "always" have guns? ;)

As far as I am concerned they do.. I watch movies. I know.

There is nothing in the law that says that you need to take an assbeating as part of your duty as a firearm carrying citizen either.

Someone gives me trouble when I carry, they always have a gun, period, and I would never say otherwise because I am not letting some jackass get close enough to possibly get it away from me and endanger everybody with it, which could be a whole OTHER legal mess in and of itself if you hesitate and they get the gun away from you it then could be considered "negligence in use of firearm". Missing a person during an assault can also be charges of negligence. Damned if you do, damned if you don't.

Legally the bad guys are always right once you try to stop them unless they are slabbed. Period. Dead men tell no lies.

Hell he may still get hit with this, but here in NM it is only a petty misdemeanor but with guns being such a "hot button" issue, if it shows up on a record expect a boss not to hire you, etc.

NM Stat § 30-7-4 :: Section 30-7-4: Negligent use of a deadly weapon. :: 2011 New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia

If the gun gets taken away from you potentially they could charge you with :

(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner

If you carry you need a lawyer on SPEED DIAL. Call them BEFORE you call the police for OBVIOUS reasons. You want the lawyer ready to go. The criminals are in the business of crime, the police are in the business for putting you in jail, the lawyer is in the business of saving your ass.

Guess who should be called FIRST? Law and other nonsense be damned, lawyer gets called first. I was stressed and was making bad decisions, so I called my lawyer.

Run scenarios. Because the criminals and the police already run scenarios on how to GET YOUR ASS, you need to run ones to SAVE IT.
They are forced to say that.

Get them alone and any one of them will tell you "Deal with the threat, call us when you are done we don't like paperwork or trials for turds". ;)
If he is on your property, yes.
If he has already voiced a threat and can reasonably attempt to act upon it, yes.
Already done it before, so, again, yes.

No arrest was made upon me. They came and picked up the dirtbag and that was it.

The distinction is the pepper vs paint. If it was with a paintball, then yes you would be right. You do it with a paintball and you are SCREWED.
Aggravated assault requires a deadly weapon. Non-lethal is not a deadly weapon.

Self-defense, prevention of a crime, defense of property and/or non-lethal nullifies ALL of the above charges EXCEPT simple battery because they can always say "Oh, you didn't have to shoot him with 5 pepperballs, he was subdued at 3" to which you reply "He may have been faking it". Simple Battery is a misdemeanor which can be pled down to probation fairly easily and regularly as long as you don't have any priors.

OK, this is kind of long... I am NOT a lawyer and that is a good thing, but, I would bet that I know more than some of them because having dealt with them I am less than impressed.

You are sadly correct concerning the firearm. The precedence is there for the court as far as use of a firearm, and the folks in the court aren't always the smartest legal folks in the room, nor the most honest, nor are they that interested in "justice". Non lethals have few precendence and the court is often too lazy to actually apply the law in the case and just try to go for piled on plea deals or conviction.

Assault requires only a threat of force either verbalized or physical in an attempt to force a person to act. Assault charges are waived in self-defense, prevention of a crime, or defense of property. It is obvious the arresting officer in his case didn't realize this, otherwise he would not have arrested him. JUST SEEING A GUN IS NOT ASSAULT.

Battery is only a misdemeanor and requires contact of some sort, and for aggravated battery you must make contact and do permanent bodily harm. Again, this does not apply in THIS state if it is in self-defense, defense of property, OR if using non-lethal. With non-lethal the WORST you could get is Simple Battery, a misdemeanor. Will the DA TRY to get something else?! SURE! That is why YOU need to know the law before the DA lies to the jury.
There are, however, two exceptions to this rule. First, where retreat is required, it is only required where it could have been done in complete safety. That is to say, if the defendant reasonably believed that he could not retreat in complete safety he is not required to retreat at all before resorting to deadly force. See State v. Anderson, 631 A.2d 1149 (Conn. 1993).

Sitting in your house with the guy waiting outside is NOT COMPLETE SAFETY. Also, New Mexico has no duty to retreat, and he was defending himself and his property. Furthermore, he needs to find that ambulance company and file charges for falsifying a police report leading to his arrest.

Also you have NO OBLIGATION TO CALL 911 FIRST. That is utter BULLSHIT. Your obligation is to first DEAL WITH THE THREAT in any way required.

Did we all become Chicago or New York recently with a bunch of ppl who need to allow themselves to be beaten to death to prove their "innocence"?
No wonder juries convict ham sandwiches.. Because they only know barely as much law as the sandwich.

Ugh, I am out.. Would you all READ some of this, PLEASE, before this MF'er becomes a POLICE STATE and your juries all start convicting EVERYONE "because the judge said"?!?! Judges are often FULL OF SHIT also and intimidate juries.. WTH ppl cmon..

New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia
 

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TWAT
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4,370 Posts
LOL^
 

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Freed Speak
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1,834 Posts
Can't say I wouldn't have done the same thing
 

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9 Second Street Machine
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5,127 Posts
Sorry pal. You are wrong. If the "victim" believes the weapon is a deadly weapon, then it is Agg Assault. If it is a BB gun, but the victim thought it was a real gun and was in fear of being shot, whether you pointed it at them or not, you are gonna get jambed up by law enforcement. Be careful.
 

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Slowpoke
Joined
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4,436 Posts
Google seems to have an endless supply of people being arrested/charged with aggravated assault or using paintball guns, BB guns, tasers, etc.

I'm with the copper.


* Teen Charged With Assault Over Paintball Injury - Collections

* Press Release. IMMEDIATE RELEASE. August 22, 2011. RE: Aggravated Assault with Paintball Gun.

* Gallup man arrested for aggravated assault with BB gun

* Additional assault with a deadly weapon chargers are pending against ... evening in connection with two BB gun shootings late Friday night.

* Fiance of SC man arrested for using stun gun at NFL game ...
New Jersey State Police arrested and charged 59-year-old Larry McKelvey with felony aggravated assault, felony possession of a stun gun and illegal ...
 

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asphaltmeltingeuphoria
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384 Posts
God damn wisdom right here

Hell I saw a gun from HERE what are you talking about?!? Don't bad guys "always" have guns? ;)

As far as I am concerned they do.. I watch movies. I know.

There is nothing in the law that says that you need to take an assbeating as part of your duty as a firearm carrying citizen either.

Someone gives me trouble when I carry, they always have a gun, period, and I would never say otherwise because I am not letting some jackass get close enough to possibly get it away from me and endanger everybody with it, which could be a whole OTHER legal mess in and of itself if you hesitate and they get the gun away from you it then could be considered "negligence in use of firearm". Missing a person during an assault can also be charges of negligence. Damned if you do, damned if you don't.

Legally the bad guys are always right once you try to stop them unless they are slabbed. Period. Dead men tell no lies.

Hell he may still get hit with this, but here in NM it is only a petty misdemeanor but with guns being such a "hot button" issue, if it shows up on a record expect a boss not to hire you, etc.

NM Stat § 30-7-4 :: Section 30-7-4: Negligent use of a deadly weapon. :: 2011 New Mexico Statutes :: US Codes and Statutes :: US Law :: Justia

If the gun gets taken away from you potentially they could charge you with :

(3) endangering the safety of another by handling or using a firearm or other deadly weapon in a negligent manner

If you carry you need a lawyer on SPEED DIAL. Call them BEFORE you call the police for OBVIOUS reasons. You want the lawyer ready to go. The criminals are in the business of crime, the police are in the business for putting you in jail, the lawyer is in the business of saving your ass.

Guess who should be called FIRST? Law and other nonsense be damned, lawyer gets called first. I was stressed and was making bad decisions, so I called my lawyer.

Run scenarios. Because the criminals and the police already run scenarios on how to GET YOUR ASS, you need to run ones to SAVE IT.
 
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