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romlawyer, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1170
Experience:  JD, 75+ Trials, 1000s of cases, Licensed in PA
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Communicating Threats, child abuse, waiving gun

Customer Question

Was at a bbq and the neighbors boy friend starting harassing me and he had a friend with him who was very tall. They kepted verbally abusing me, so I verbally abused them back, they both stood up..And I ran in my apartment and put a gun in my waiste, and yelled out the door "what''s up what''s up and at this point no one saw the gun...My gf was trying to keep me in the house. I ran to the back door opened it, and yelled come to the back, I had no intention on using the gun at I was mildly intoxicated.. I did waive the gun but didnt point get them to leave me alone. At this point the neighbor called the police, I put gun which has always been in my room up in a box high up, but i was not thinking that night tipsy and put it in my childs rooms chest at the bottom. And put the clips somewhere else. I later told the police where it was..I forgot that there was on in the chamber. Our child had not been upstairs all night we had just got back from the beach. My 1st offense
Submitted: 9 years ago.
Category: Criminal Law
Expert:  romlawyer replied 9 years ago.
That is a good run down of the facts... what is your question?
Customer: replied 9 years ago.
Jail time??? I have 3 kids this is a feud between me a a neighbor she assulted me two days prior to this...She and I go to court June 30th. I have moved from that apartment complex and I just want to make sure I dont go to jail lose my job and end up not being able to take care of my kids. I'm hoping for cumminutiy service, or anger management, or parental counsling being ordered. If i get jail time I lose my apartment once i get out i will not be able ot find a job. I have a college degree im a network engineer and I just made a stupid mistake I was provoked and was just trying to ward off by defending myself the neighbor had her boyfriend and another guy friend there I didnt know what they had and my girlfriend even made that statement.
Expert:  romlawyer replied 9 years ago.
Based on your total explanation I would not expect jail time, but rather probation, anger management, and a no alcohol provision. Do you have a lawyer?
Customer: replied 9 years ago.
Keep in mind they gave me child abuse cause when it happened I put the gun in the or my childs toy chest. We had just got back from the beach. Also keep in mind I waved the gun outside to keep them away from me...But they are going to tell the judge I was pointing it at a bunch of people there was a cookout outside our apartment complex...And the communicating threats was a bs charge I never said anything other than what the other guy said to me like whats up, what are you going to do ect.ect...But once again the neighbors is lying, and I just hope my gf will vouge for me on this. I spoke to lawyer on the phone and she said one of the misdomeanors is a class 3a or something whichever is the worst and could render jail time of up to 6 months...And I have children to provide for and stuff like that.

Keep in mind two days prior to this this same neighbor assulted me cut me with a vase on my arm and chest. 2 days later her boyfriend who does not even live in our apartment complex started this and the same neighbor called police on me...
Expert:  romlawyer replied 9 years ago.

You can avoid jail time if you:

1. Don't minimize your conduct when the court asks about it. Even if you didn't intend what happened, being drunk, brandishing a gun, and exchanging words can be a crime.

2. Enroll in anger management and get a drug and alcohol evaluation BEFORE the judge sentences you. Follow up on any treatment the evaluation requires, if any. Judges are impressed when you do this on your own, not when they order it.

3. At the time of sentencing blame no one but yourself. Roll with the punches, and let your lawyer point out any bad conduct by anyone else, but you must remain silent on that issue.

That should keep you out of jail.