Weapons, Guns, Firearms Felony charge During Police Standoff

[RaleighWood21]

Jurisdiction

Michigan

A friend of mind is facing a felony charge and a number of misdemeanor charges when he became intoxicated, caused a disturbance, and ended up in a standoff with police while holding a shotgun. Although his intention was self-harm, the felony charge he is facing is allegedly pointing the gun at a policemen on the scene. If the alleged gun pointing was an unintentional act, is this something worth arguing in his case? Where is a good place to start trying to find similar cases? No priors, current lawyer is not up to the task. Thanks!

 

[KatDini]

If he doesn't have faith in his attorney, there's nothing stopping him from paying a different one, is there?

You certainly can't act like his attorney, unless, in fact, you ARE an attorney (which I doubt; if you were an attorney, you would not be on this board asking questions).

 

[adjusterjack]

If the alleged gun pointing was an unintentional act, is this something worth arguing in his case?

Sure.

No way to predict the results.

Where is a good place to start trying to find similar cases?

In a criminal defense attorney's office by a criminal defense attorney.

current lawyer is not up to the task

Then he should fire the lawyer and hire another.

 

[mightymoose]

A basic rule with firearms- never point the weapon at anything you do not intend to shoot.

It would not likely matter if he felt the pointing of the shotgun was unintentional. What matters more is the state of mind and perception of the person the shotgun was pointed at.

I have to also say, if he pointed a shotgun at the police he is lucky they didn't turn him into Swiss cheese.

One important element you might look into is the proximity of the officer when the shotgun was allegedly pointed. If he was a significant distance and behind some kind of safety barrier then it could be argued the officers perception of immediate physical harm is exaggerated.