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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111451
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I am charged with brandishing a firearm first offense in

Customer Question

I am charged with brandishing a firearm first offense in VA...no priors on violence or weapons...pistol is in my name, was holstered on my right hip...open carry, was in the front yard waiting on a somebody and a truck sped up pulled into my driveway a guy got out in a threatening manner and I felt threatened for my life got out was approaching me, he seent the holstered gun and left....a couple hours later, same dude, I was at 7-11 in a vehicle...came up to my window started cursing me out in a threatening manner, I instructed him to get away, never pulled it out the holster, he wouldn't stop yelling, I felt trapped as I was a passenger of the vehicle and I couldn't flee..i got out the vehicle and a good Samaritan gave me a ride out of there...So I have a class one misdemeanor brandishing a firearm charge...any thoughts? Thanks in advance
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you were legally carrying your firearm, then it is your burden to present evidence to the court of what you stated above. If you can present this evidence to the commonwealth attorney and/or court, then this is a "justification defense" as you have a right to protect yourself from the reasonable expectation you are about to be subjected to bodily harm and you would be found not guilty or the charges would be dismissed. You CANNOT do this without an attorney, so if you do not have an attorney yet, you must get one to defend you and if the facts and evidence are as you say above, most times the charges would be dismissed, but if not your defense of justification would be basis for you to be found not guilty.

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