Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

How can I get in trouble for unintentionally shooting

How can I get...

How can I get in trouble for unintentionally shooting someone with a B.B. gun? I was hanging out with friends, who were all taking turns shooting a B.B. gun off a buddy’s porch. When I fired the gun, it hit a board on the handrail and ricocheted, inadvertently hitting one of the friends in the genitals. A week later, he is now filing charges because of it, claiming assault with a deadly weapon. How can this be possible??

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Texas.

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I have not.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Maybe that of the 6-8 people there, I was the only one sober. All other people were intoxicated, most of them being under the legal age to consume alcohol. If that makes any difference.

Show More
Show Less
Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 1 month ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 32 minutes by:
3/9/2018
Loren
Loren, Lawyer
Category: Criminal Law
Satisfied Customers: 37,338
Experience: Former administrative hearing officer
Verified
Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.
WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.
Ask Your Own Criminal Law Question
Have the police taken any action? Do you know if charges have been filed or a warrant issued?
Ask Your Own Criminal Law Question
Are you online with me?
Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
charges have been filed, but no warrant issued yet.

Do you know what the exact charges are? Are you being charged with a felony?

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
I believe it is assault with a deadly weapon, so a felony.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get. I just ask that you not shoot the messenger.

Unfortunately, a BB gun is considered a "deadly weapon" under texas law.

Deadly Weapon applies to felony offenses and is defined in Texas Penal Code Section 1.07 as:

(A) a firearm or anyhing manifestly designed made, or adapted for the purpose of inflicting death or serious bodily injury (i.e. deadly weapon by design); or

(B) anything that in the manner or its use or intended use is capable of causing death or serious bodily injury (i.e. deadly weapon by use”).

Under subsection (B) objects that are generally not considered dangerous by design may become so by the manner in which they are used in the offense. Thomas v. State, 821 S.W.2d 616, 620 (Tex. Crim. App. 1991). The object must be used in a manner capable of causing death or serious bodily injury to fall into the deadly weapon class. McCain v. State, 22 S.W.3d 497, 503 (Tex. Crim. App. 2000). To sustain a deadly weapon finding the evidence must demonstrate: (1) the object meets the definition of a deadly weapon; (2) the deadly weapon was used or exhibited during the transaction on which the felony is based; and (3) other people were put in actual danger.

“Firearm” means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning susbtance or any device readily convertible to that use.

“Serious bodily injury” means bodily injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

The following have all been found to be a deadly weapon by manner of use: axe handle, baseball bat, BB gun, belt buckle, board, bottle, club, drugs, dustpan, fire, flashlight, floor, foot, gasoline, class decanter, hammer, hand, HIV-positive person, knife, mixture of sedatives, motor vehicle, nailgun, nunchakus, pillow, rope, scissors, screwdriver, seminal fluid, spear, stick, straight razor, underpants, hot water.

So, if you know charges have been filed, you will want to retain defense counsel as soon as possible. This is a serious charge and do not want to defend yourself. You will need a defense attorney.

Your attorney, at the appropriate time, can arrange for a surrender, to avoid an arrest. They will also be able to arrange for bail as quickly as possible to minimize the wait in jail.

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Do not make any statements to the police. They are not trying to help you. They are trying to make a case fro the prosecution by getting you to incriminate yourself.

If the police contact you, just refer them to your attorney. Say nothing else.

Did you have further questions? Have I answered your question? Please let me know.

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
Thank you very much.

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Lawyer
Category: Criminal Law
Satisfied Customers: 37,338
Experience: Former administrative hearing officer
Verified
Loren and 87 other Criminal Law Specialists are ready to help you
Ask your own question now

Are you still online with me?

Ask Your Own Criminal Law Question
Customer reply replied 1 month ago
Do you think it is possible that making a statement showing that there was no intent of injury will prevent a warrant of arrest?
No, there is nothing you could say that would stop the warrant if they believe they have probable cause. Do not speak to the police.
Ask Your Own Criminal Law Question
Did you have further questions? Have I answered your question? Please let me know.
Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Criminal Law
Satisfied Customers: 37,338
37,338 Satisfied Customers
Experience: Former administrative hearing officer

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
My question is about owning a gun with a felony of 2 yrs
My question is about owning a gun with a felony of 2 yrs probation 18 years ago … read more
Van
Van
Retired Criminal Court Judge
Juris Doctorate
95 satisfied customers
I tried to buy a gun in Pennsylvania and was denied bc I had
I tried to buy a gun in Pennsylvania and was denied bc I had a misdemeanor that resulted in the courts being able to imprison me for more than one year but I was fully unaware of the stipulations of t… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Can I buy a gun in west virgina if I have a misdemeanor 3
Can I buy a gun in west virgina if I have a misdemeanor 3 possession of a fire arm without a license 18 years ago in PA. Only thing I have in record is this misdemeanor 3. It was not violent back up g… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
HIi was trying to purchase a gun. I was arrested the chardge
HIi was trying to purchase a gun . I was arrested the chardge was a felony but i have an disposition of with held adudication- probation special conditions. my background check came back as not approv… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Is it legal to accidentially shoot your gun in your own
Is it legal to accidentially shoot your gun in your own home? It went off in a room and did not go outside of the house. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,370 satisfied customers
In the affidavit for probable cause they cant use anything
in the affidavit for probable cause they cant use anything they found if I gave consent right they would have to explain why they stopped they would have to have prove of some type of stolen property … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,047 satisfied customers
Well, my situation is a probable cause for DUI. I was
Well, my situation is a probable cause for DUI. I was released for posting bail after I went to court. I was told to get an ignition interlock installed within 5 days I have an appointment for thursda… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
158 satisfied customers
If the judge ordered that I can keep my job and carry a gun,
If the judge ordered that I can keep my job and carry a gun, does the atf have a higher authority?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
If they didn't have probable cause to stop then me
ok so if they didn't have probable cause to stop then me consenting to the search isn't valid right… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
314 satisfied customers
If the police do not have probable cause to even stop at the
if the police do not have probable cause to even stop at the house then my consent that said I gave would be non existant… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
What is the penalty for carrying a stolen, loaded gun in a
Hi, what is the penalty for carrying a stolen, loaded gun in a hospital, while taking Norco? MI … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Is it a felony or misdemeanor to point a fake gun prop gun
Is it a felony or misdemeanor to point a fake gun prop gun at someone … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
Are felons allowed to posses pellet guns in arizona, No, No
Are felons allowed to posses pellet guns in arizona … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
What if a person is found guilty of murder? Is the gun law
What if a person is found guilty of murder? Is the gun law retroactive? Can the sentence be lowered?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,596 satisfied customers
My nephew did try to robba guy with a gun and shot himself
my nephew did try to robba guy with a gun and shot himself in the leg. The robbery went bad and he went home and his sister and sisters boyfriend took the gun so his mom wouldnt find out. not knowing … read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Can probable cause be challenged on appeal if it wasn't
Can probable cause be challenged on appeal if it wasn't raised in the trial court and a plea of no contest was entered 2 years ago? I was stopped for a marked lanes violation and the cop claimed I dri… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers
Person pulled over in dui traffic stop - no probable cause -
person pulled over in dui traffic stop - no probable cause - while pulled over sheriff saw he had active warrant out of state so he is in custody for his out of state warrants—BUT no charges are fille… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,636 satisfied customers
Is the smell of marijuana in a vehicle probable cause for a
Is the smell of marijuana in a vehicle probable cause for a search in the state of Massachusetts?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
189 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x