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Joined: Jan 2008
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Campfire Ranger
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OP
Campfire Ranger
Joined: Jan 2008
Posts: 24,670 |
Maybe an LEO can straighten me out on this . I can't wrap my head around it
So I'm in the sherrif's group ( book of faces) in my FL area. Post about a guy who got arrested for road rage & other charges ,in the Sherrif's FB group . So it states the guy waved/pointed his pistol at another motorist in a road rage incident . I guess the fella who got the gun pointed at him called cops ,they found the perp. Arrested him on all charges ,here it is .... One charge was " Pointing a gun at someone without intent to kill "
Now I took the cw class here & this was never discussed
Anyone here ever heard of such BS ?
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Campfire Outfitter
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Campfire Outfitter
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Here in AZ they would charge that as, "brandishing." PJ
Our forefathers did not politely protest the British.They did not vote them out of office, nor did they impeach the king,march on the capitol or ask permission for their rights. ----------------They just shot them. MOLON LABE
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Joined: Jan 2008
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Campfire Ranger
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OP
Campfire Ranger
Joined: Jan 2008
Posts: 24,670 |
Here in AZ they would charge that as, "brandishing." PJ I do believe something like that was included in the list of charges they printed. But the OP title was singled out ,too. There were some comments about it ,mostly people saying " I was taught you don't point a gun at anything you don't want to shoot " stuff like that
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Campfire Regular
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Campfire Regular
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If the one that pointed the firearm at the victim placed them in fear for their life the correct charge would be Aggrevated Assault FS 784.021 wich is a 3rd Degree Felony.
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Joined: Jan 2008
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Campfire Ranger
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OP
Campfire Ranger
Joined: Jan 2008
Posts: 24,670 |
If the one that pointed the firearm at the victim placed them in fear for their life the correct charge would be Aggrevated Assault FS 784.021 wich is a 3rd Degree Felony. Perhaps I read the post wrong and/or misunderstood . I think though ,if a handgun is pointed at me I'm gonna immediately fear for my life & others . Even brandishing ,I'm gonna be very fearful
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Campfire Outfitter
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Campfire Outfitter
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How can they determine intent or lack thereof? Mind reading?
Stupidity has its way, while its cousin, evil, runs rampant.
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Campfire Outfitter
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Campfire Outfitter
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If the one that pointed the firearm at the victim placed them in fear for their life the correct charge would be Aggrevated Assault FS 784.021 wich is a 3rd Degree Felony. Here its called terroristic threat in that case.
Swifty
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Joined: Jan 2008
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Campfire Ranger
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OP
Campfire Ranger
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How can they determine intent or lack thereof? Mind reading? This is what I'm saying . I don't knowwho does the writing for the Sherrif's FB group ,I am questioning if there is such a law/charge and how can it even be . A simple question to the law/power that b ,if it were brandished ,pointed at you ,how do you determine ,if there is such a thing
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Joined: Jan 2008
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Campfire Ranger
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OP
Campfire Ranger
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How can they determine intent or lack thereof? Mind reading? Even better ,how 'bout : "Looking back at surveilance footage at the scene of the self defense shooting ,it has been clearly determined the offender did not intend to kill anyone " It was a very confusing sentence ,reading that post in the Sherrif's group
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Campfire Tracker
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Campfire Tracker
Joined: Dec 2021
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"Without intent to kill."
I don't know about anywhere else, but in TX & OK, that's called "brandishing" and can get you arrested, lose your CHL (SDA in OK) OR get you shot! To me, "brandishing" is the same as "threatening" and warrants one protecting one's self!
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Campfire Outfitter
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Campfire Outfitter
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In Nevada brandishing is drawing or presenting a weapon in a rude, angry or threatening manner not in necessary self defense. This is a pretty clear description and a reasonable person would be justified in being in fear of death or great bodily injury from such an action. Intent is demonstrated by the act.
mike r
Don't wish it were easier Wish you were better
Stab them in the taint, you can't put a tourniquet on that. Craig Douglas ECQC
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Campfire Regular
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Campfire Regular
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The FB post was poorly written. The charge is Aggravated Assault. The "without intent to kill" language is within the statute as noted below. It's applied after the fact I guess. No proof to the contrary, or no evidence to apply a more serious charge-attempted murder, etc,
LHS
The 2023 Florida Statutes (including Special Session C)
Title XLVI CRIMES Chapter 784 ASSAULT; BATTERY; CULPABLE NEGLIGENCE View Entire Chapter 784.021 Aggravated assault.— (1) An “aggravated assault” is an assault: (a) With a deadly weapon without intent to kill; or (b) With an intent to commit a felony. (2) A person who commits aggravated assault commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3) For the purposes of sentencing under chapter 921, a violation of this section committed by a person acting in furtherance of a riot or an aggravated riot prohibited under s. 870.01 is ranked one level above the ranking under s. 921.0022 for the offense committed. History.—s. 2, ch. 3275, 1881; RS 2402; GS 3228; RGS 5061; CGL 7163; s. 1, ch. 29709, 1955; s. 1, ch. 57-345; s. 731, ch. 71-136; s. 18, ch. 74-383; s. 8, ch. 75-298; s. 5, ch. 2021-6. Note.—Former s. 784.04.
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Joined: Jan 2001
Posts: 29,908 Likes: 10
Campfire Ranger
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Campfire Ranger
Joined: Jan 2001
Posts: 29,908 Likes: 10 |
Perhaps I've gone blind, but is there a link associated with this incident/post? Arrested him on all charges ,here it is ....
Last edited by 1minute; 04/25/24.
1Minute
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Campfire 'Bwana
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Campfire 'Bwana
Joined: Aug 2003
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How can they determine intent or lack thereof? Mind reading? They're going to get you used to the idea that they can determine intent in the negative (no intent to kill). So later when they accuse you of intent in the positive - we all nod along and never ask why/how they're arresting people for "intent to overthrow an elected official" without any actual acts that go towards that result. People accept the idea that law enforcement can discern intent without overt acts.
Me
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Campfire Ranger
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OP
Campfire Ranger
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Perhaps I've gone blind, but is there a link associated with this incident/post? Youre not blind,no link I just tried to search it got an AI pop up so you'll need to take my word ,or not
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