Assult with a firearm

[confused10]

I'm seeking advice, someone close to me was charged with assult with a firearm, the DA tried negotiating 5 yrs for that. Now the problem is the person he pointed the gun at came to his house with a bat. No shots were fired nowever the gun was found loaded and bullets fell out of his pocket when arrested. Could this get fought as self defense?

 

[sfitz]

Now the problem is the person he pointed the gun at came to his house with a bat. No shots were fired nowever the gun was found loaded and bullets fell out of his pocket when arrested. Could this get fought as self defense?

Your description of the situation is vague. Provide exact details of how events unfolded, including how your friend knows the assailant.

 

[CdwJava]

I'm seeking advice, someone close to me was charged with assult with a firearm, the DA tried negotiating 5 yrs for that. Now the problem is the person he pointed the gun at came to his house with a bat. No shots were fired nowever the gun was found loaded and bullets fell out of his pocket when arrested. Could this get fought as self defense?

What does this close person's attorney have to say?

The person with the bat ... was he gesturing in a threatening manner? Was he there with the apparent intent to cause a problem, or was he there to meet a pal for a baseball game? Was he standing with the bat on the front lawn or in the doorway? Why did the close friend answer his door with a gun in the first place? Why did the friend not immediately call the cops?

As the previous poster mentioned, the situation vague - please post a few details.

In short, under the right set of circumstances, an argument for self defense might very well succeed.

- Carl

 

[confused10]

Well the situation is the person close to me is my brother he assulted his girlfriend she went home to her families house told them what happened and her brother came back to confront my brother with a bat. The police report states my brother was in his doorway when he pointed the gun. Words were exchanged such as "Put the bat down and I'll put the gun down" then he walked away. He is facing Domestic Abuse charges as well but we're most concerned with the assult with a firearm charge. From what I've read in previous postings it doesn't matter at this point but his girlfriend is trying to help get him out. Also I should add the police report doesn't mention a bat however he did tell his whole family he went over with a bat....they will all be at the Preliminary.

 

[CdwJava]

If the presence of the bat cannot be established, it may be a tad difficult to make a self defense argument. However, a lot will depend on the state where this occurred (which I do not recall you posting) and the circumstances at the door. A conversation is not going to justify pointing a gun at someone ... someone pounding on the door with a bat just might.

However, it would have helped if your brother called the police to report the incident when it happened ... I am assuming he did NOT call to report that a man with a bat came over and threatened him?

- Carl