17, I will be 18 in a week. My friends who were involved are both 16 and the two people who we fought are both 17.
Ok. Thanks for that information.
The Virginia law, which can be read at this link states that an assault and battery is the unlawful touching of another "without Justification" So if you can prove that they were threatening and you were in fear because they said they had a gun, etc then it may be difficult for the Prosecution to prove this beyond a reasonable doubt.
As to a lawsuit, in VA there is what is called Contributory Negligence state. That means that while you/your parents can be sued any damages awarded are offset by the fact that these guys contributed to their own injuries. And so while they may be entitled to medical expenses, there would not be any Punitive damages awared
Would you say that an instagram picture that this drug dealer posted of his gun would be "proof"? And if I could not prove that I felt threatened, am I and my friends guilty of a felony?
Well, if the guy is in possession of the gun in the photo or if he says My gun or something of that nature. But there would need to be more evidence that it is actually hisIt appears by statute that it is a class 1 misdemeanor. But it could also be charged as a felony because of the injuries that occured. But again, the state would need to prove that the injuries were caused by you and when there is a melee as you describe it is difficult to prove who did what.
Ok thank you so much,
The last thing is you said I need to prove that he owns a gun and me saying that he simply told me that is not enough. Just as my recount of what happened is not enough, could I possibly deny being there?
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