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Friends Charged with 2nd degree Assault my fault.
Ziac45
Registered User regular
Registered User regular
Alright I really need help with this. I did some minor googling and found that my two friends who are facing second degree assault charges could go to jail for a bit. What is the average sentence that this charge carries? I am in Maryland if that helps.
Now heres the story in case it helps anybody out. Monday I was alone at my house cooking dinner and I step out onto my back porch. My house is the second one on the block and my neighbor has a barrier of about chest high hedges around his yard. Looking over I see a car stopped and some guy getting out, I don't think much of it and continue texting whoever I was texting. When I look again I see the guy holding a gun (Looked like a rifle or a shotgun) pointing it at me a little bit above the hedges. It was dusk at the time so I couldn't see real well, however I value my life so I ran inside the house, locked both doors, ran upstairs, and called 911.
I call 911 tell them someone was aiming a rifle at me and within a minute or two the police arrive. I walk out into the front yard to talk to them when we see the car I described going by, cops race after them and pull them over up near where my father is living. He call's me and tells me the cops pulled over a car and have their guns drawn on two guys. At this point I have started thinking that my friend drives the same type of car, color and everything, and I had received a text from a friend who was hanging out with him that night.
I figure it's my friends and I run down the street freaking out that they are getting in deep shit because of me. I get up there and the cops have my friends handcuffed on the ground pulling out a shitload of airsoft guns from his trunk. They ask me if I want to press charges I say no that I know the guys and it was a stupid prank. They take the handcuffs off and confiscate the airsoft rifles saying that the owner can pick them up tomorrow.
Well my friend goes down to pick up the guns and the cops tell him that he is being charged with second degree assault and possession of an airsoft weapon within city limits. Now I am wondering if I will be asked to testify, if I made the correct call in even calling 911 as I feel terrible about the whole thing now, and if there is anything I can do to help my friends.
Now heres the story in case it helps anybody out. Monday I was alone at my house cooking dinner and I step out onto my back porch. My house is the second one on the block and my neighbor has a barrier of about chest high hedges around his yard. Looking over I see a car stopped and some guy getting out, I don't think much of it and continue texting whoever I was texting. When I look again I see the guy holding a gun (Looked like a rifle or a shotgun) pointing it at me a little bit above the hedges. It was dusk at the time so I couldn't see real well, however I value my life so I ran inside the house, locked both doors, ran upstairs, and called 911.
I call 911 tell them someone was aiming a rifle at me and within a minute or two the police arrive. I walk out into the front yard to talk to them when we see the car I described going by, cops race after them and pull them over up near where my father is living. He call's me and tells me the cops pulled over a car and have their guns drawn on two guys. At this point I have started thinking that my friend drives the same type of car, color and everything, and I had received a text from a friend who was hanging out with him that night.
I figure it's my friends and I run down the street freaking out that they are getting in deep shit because of me. I get up there and the cops have my friends handcuffed on the ground pulling out a shitload of airsoft guns from his trunk. They ask me if I want to press charges I say no that I know the guys and it was a stupid prank. They take the handcuffs off and confiscate the airsoft rifles saying that the owner can pick them up tomorrow.
Well my friend goes down to pick up the guns and the cops tell him that he is being charged with second degree assault and possession of an airsoft weapon within city limits. Now I am wondering if I will be asked to testify, if I made the correct call in even calling 911 as I feel terrible about the whole thing now, and if there is anything I can do to help my friends.
Ziac45 on
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If you refused to press charges who did they assault? Find that out first.
Even if the "victim" refuses to press charges, they can still be charged with the crime. That and apparently even having the guns in city limits is illegal.
If you are not pressing charges I have no clue where the assualt charge is coming from. A fine maybe for airsoft guns in city limits if thats a real thing sure but assualt? *shrug*
That... sounds like some bullshit. But you did the right thing.
Not really. This happens all the time. Lots of people don't want to press charges but that doesn't mean the law wasn't broken. His friend assaulted him and then was caught within city limits with items he shouldn't have possessed within said limits. Shitty way to learn a lesson, but hey...
"Second degree assault is charged if a dangerous weapon is used as part of the offense. A person accused of a second degree assault may face up to 7 years in prison and a fine of not more than $14,000"
I'm sure if they plead guilty and admit that it was a very foolish and stupid idea their lawyer might be able to get it down to community service. They probably want to lawyer up just the same.
don't lie for their sake
Not that it will likely come to this, but this isn't a situation where he could refuse to testify if he was called as a witness.
Definitely offer to speak to their lawyer, explain exactly what happened, and most absolutely don't lie. Putting yourself in the shit for perjury won't help your friends at all. Offer to give a written deposition if the lawyer thinks it will help.
Have you had a chance to speak to your friends, and if so are they pissed at you?
IOS Game Center ID: Isotope-X
If a prosecutor is brain dead enough to take it to court, and everyone explains the situation to the judge, the judge is just going to dismiss the case after giving the prosecutor a talking to for wasting his time.
On the charges note, technically all violations of the law in criminal cases are violations against society, not the actual victim.
Oh so then you're recommending that he lie under oath? So that he can go to jail too? Great tip, dumbshit.
I can't imagine this actually resulting in jail time but it's up to them to get lawyers now and there's nothing you can do but to be helpful to their lawyers if they call.
As for assault, maybe it's against an officer? Maybe it's just there so that the prosecution can offer to drop it in exchange for a plea on the airsoft in city limits charge and save going to court.
CUZ THERE'S SOMETHING IN THE MIDDLE AND IT'S GIVING ME A RASH
They need lawyers. Derrick - keep in mind there's judges who have branded teens with abuse charges because of pictures of themselves. Some judges like to make examples of teens.
After a (very) quick Google, it looks like Maryland has no law against carrying an airsoft gun within the city limits. There is, however, a law against brandishing it against someone in a threatening manner, which is very clear is what happened here. Even if it had the bright orange tip on, you thought it was real, and that's apparently what makes it illegal. I believe that's the second-degree assault.
The only cities I can see that have laws banning airsoft gun use within the city limits are in Texas, but it may help if we knew what city you were in. It may be that the charge of owning a gun within the city isn't valid.
@gamefacts - Totally and utterly true gaming facts on the regular!
Yeah, this
never point a gun capable of causing even mild harm at something you don't intend to shoot
1: Probably not. There's nothing for you to testify about. They have the records of the 911 call, and the testimony of the officers who pulled your friends over with the car full of airsoft weapons.
2: Yes. You thought someone had a gun.
3: They fucked themselves, they don't deserve any help from you. Unless they do (something else) really stupid, the charges will probably be bargained down and all that they're probably going to get is probation and community service, since it was a 'harmless prank' the victim doesn't want to press charges, and it was resolved peacefully. Don't get worked up over it.
They should have proper legal representation though. All you need is some 'Sheriff Joe Fuck Those Bitches' somewhere in the chain of events to decide they need to hang for their crimes and that all goes out the window.
I didn't read anything about them trying to outrun the police, simply that they were pulled over by them.
Um, refusing to testify is far better than lying in court. Do not lie in court. Seriously. That is a mighty quick way to piss off a judge and you could probably find yourself with charges of perjury.
I can't see 7 years happening for an obvious prank, no harm done. Unless it's a really hardline place, I can't see why they'd even do jail time. I guess they'll get a mark on their criminal record, though. Maybe a fine. I don't know American law. They are lucky the cops asked questions before shooting, really.
And anyone who doubts the seriousness of a perjury charge should talk to Bill Clinton and Roger Clemens. Few things get a legal entity as riled up as disregard for their procedures. Perjury is just about the dumbest way in the world to get thrown into jail.
why?
cops only respond with force "in kind" and only fire when it is to directly protect life or prevent severe bodily injury
please do not say things like this
but the charges were probably so severe as to frighten your friends into confessing to a lesser charge. This makes the police's job easier as they get a confession to a charge and they don't have to fight so hard, or even fight at all. They're probably being offered a deal to plead out to criminal mischief or something inane
If your friends want to take it to court to try to plead their case, as long as they're respectful and don't fuck up, they're probably looking at either a warning, a fine, or some community service. ESPECIALLY if you testify on their behalf as the "victim". The judge will be like "you guys realize this was stupid as almighty fuck, right?" and give them a slap on the wrist.
Sorry if I offended. You hear stories all the time about cops in the USA shooting people who were just reaching into their pockets for a driving license, let alone actually carrying gun-like objects. I guess these stories are exaggerated.
yurp
bad cops and cops who just can't deal
now you know :whistle:
The assault charge will probably go out the window if what you said gets into the record. Some prosecutors like to pile on every charge that remotely fits to scare people into plea deals, it doesn't always mean they have a case. The airsoft guns are a different matter. There's pretty much no two ways about it - they're illegal in the city limits and they were arrested in the city limits with them. Not much you can do to help them there.
An exceedingly rare outcome, magnified by media sources who smell a great story. That being said, it does happen. I'm sure your chance of having that happen is about the same as being struck by lightning though.
Well, I mean, your chances of being gunned down by cops in general is fairly low. Regardless of circumstances.
Indeed. The very fact that it's reported by the media as frequently as it is means that it's much, much rarer than you think.
This is so off topic, but that isn't the point. It happens often enough that it is not even close to an unexpected outcome from two kids brandishing realistic toy guns at night. In fact, them being shot by police might be considered an EXPECTED outcome from such a scenario.
For something so completely off-topic you sure are making the exact claims you would use to start a massive argument.