Help, I just had a pistol pointed at myself and Mother..Need quick advise, Please.

[Zoff12]

I guess I'll lay it out here... Both of you are wrong. Different types of wrong but wrong none the less. Even if your Dad bought the gas... when the tiller was returned, it became your uncle's gas and a civil matter if he wanted the gas back. You going over and draining it out changed that to a criminal matter and makes you a suspect in a larceny. Petit larceny to be exact... a misdemeanor. He is suspect in a brandishing of a firearm. Actually... 2 counts of brandishing because you and your mother were together. Both misdemeanors. The codes are below. Once again... you both are wrong.

§ 18.2-96. Petit larceny defined; how punished.
Any person who:
1. Commits larceny from the person of another of money or other thing of value of less than $5, or
2. Commits simple larceny not from the person of another of goods and chattels of the value of less than $200, except as provided in subdivision (iii) of § 18.2-95, shall be deemed guilty of petit larceny, which shall be punishable as a Class 1 misdemeanor.

§ 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.
C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.

[Abakan]

I guess a public forum isnt the place to talk about things like this, people don't get a full picture of what's really going on.. Just saddens me to have someone jump my ass when I was obviously the victim.. Oh, well. I'm upset now, so I'll just let it go.

Thanks Zoff

[Arnulf]

Dayum...just a misdemeanor to point a gun at someone in VA. my buddy did a yr in Jacktown for pointing his gat at a guy.

[Arnulf]

Sounds like its a bigger crime to steal gas than it is to brandish a pistola?

[Abakan]

I've just been very upset over the gun thing and not thinking clearly.. I dunno, I guess Some trivial thing like retrieving my gas 6 months or more ago, deserves me and Mom to have a gun pointed at us?

Poor disillusioned me.. I guess me and mom should have gotten our brains blown out for it.

[Zoff12]

Actually you can get a year for a Class 1 Misdemeanor...

§ 18.2-11. Punishment for conviction of misdemeanor.
The authorized punishments for conviction of a misdemeanor are:
(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
(b) For Class 2 misdemeanors, confinement in jail for not more than six months and a fine of not more than $1,000, either or both.
(c) For Class 3 misdemeanors, a fine of not more than $500.
(d) For Class 4 misdemeanors, a fine of not more than $250.
For a misdemeanor offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in subsection B of that section in addition to any other penalty provided by law.

Felonies get a bit steep though...

§ 18.2-10. Punishment for conviction of felony; penalty.
The authorized punishments for conviction of a felony are:
(a) For Class 1 felonies, death, if the person so convicted was 18 years of age or older at the time of the offense and is not determined to be mentally retarded pursuant to § 19.2-264.3:1.1, or imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000. If the person was under 18 years of age at the time of the offense or is determined to be mentally retarded pursuant to § 19.2-264.3:1.1, the punishment shall be imprisonment for life and, subject to subdivision (g), a fine of not more than $100,000.
(b) For Class 2 felonies, imprisonment for life or for any term not less than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(c) For Class 3 felonies, a term of imprisonment of not less than five years nor more than 20 years and, subject to subdivision (g), a fine of not more than $100,000.
(d) For Class 4 felonies, a term of imprisonment of not less than two years nor more than 10 years and, subject to subdivision (g), a fine of not more than $100,000.
(e) For Class 5 felonies, a term of imprisonment of not less than one year nor more than 10 years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.
(g) Except as specifically authorized in subdivision (e) or (f), or in Class 1 felonies for which a sentence of death is imposed, the court shall impose either a sentence of imprisonment together with a fine, or imprisonment only. However, if the defendant is not a natural person, the court shall impose only a fine.
For any felony offense committed (i) on or after January 1, 1995, the court may, and (ii) on or after July 1, 2000, shall, except in cases in which the court orders a suspended term of confinement of at least six months, impose an additional term of not less than six months nor more than three years, which shall be suspended conditioned upon successful completion of a period of post-release supervision pursuant to § 19.2-295.2 and compliance with such other terms as the sentencing court may require. However, such additional term may only be imposed when the sentence includes an active term of incarceration in a correctional facility.
For a felony offense prohibiting proximity to children as described in subsection A of § 18.2-370.2, the sentencing court is authorized to impose the punishment set forth in that section in addition to any other penalty provided by law.

[Zoff12]

No... not deserving of it. I never said that. Just a fact of law.

[Arnulf]

Ahh....I thought a misdemeanor was a petty crime...its not.

[abpt1]

Hey you yelled at me because I said it was polite to return things with a full tank of gas WTF?

[Zoff12]

Ahh....I thought a misdemeanor was a petty crime...its not.

Yeah... kinda of a shocker ain't it. Most of the Class 1 Misdemeanors I have seen jailed have been Class 6 Felonies that were reduced by the Judge. Still go to jail but without the big"F" on the record.

Sorry for the green letter but back in my early career, all Felony papers were green and we call them "Green Weenies". lol

[Arnulf]

Yeah... kinda of a shocker ain't it. Most of the Class 1 Misdemeanors I have seen jailed have been Class 6 Felonies that were reduced by the Judge. Still go to jail but without the big"F" on the record.

Sorry for the green letter but back in my early career, all Felony papers were green and we call them "Green Weenies". lol

Yeah...the "F" stands for your fucked.

[Abakan]

I'm sorry abpt1, I wasn't typing anything in anger towards you,,,,,, I just didnt think that it was wrong,(criminal I guess now) to buy a man gas for a tiller, then use that tiller to do work for him, then when i needed a tiny bit of my own gas back, I get it and now find out that was a Crime and get a pistol pointed at me and my mother and verbally threatend with it while pointed...

[abpt1]

I'm sorry abpt1, I wasn't typing anything in anger towards you,,,,,, I just didnt think that it was wrong,(criminal I guess now) to buy a man gas for a tiller, then use that tiller to do work for him, then when i needed a tiny bit of my own gas back, I get it and now find out that was a Crime and get a pistol pointed at me and my mother and verbally threatend with it while pointed...

Hey we are cool I remember you from the old site and I would be a bit edgy if I were you ...

[Abakan]

Ya, I really am.. Now finding out that I cant do anything about him threatening and pointing a gun at us... and I cant do shit about it now because 6 months or more ago I got maybe a half a gallon of my own gas back out of his tiller that I had purchased and done work for him with it....

REALLY messed up situation.

[Zoff12]

Nobody's saying you can press charges on him for the brandishing. You just have to take your chances on the Commonwealth's Attorney looking at the gas thing as a true larceny or not.

[Dr_Scholl]

Dayum...just a misdemeanor to point a gun at someone in VA. my buddy did a yr in Jacktown for pointing his gat at a guy.

Yep, when my sister was 16 some asshole pulled a .357 on her and all they did was charge him with a misdameanor. With his previous record he probably would've done a year or more in jail, but the asshole cop decided not to show up for court and he got off.

[mriddick]

I assume this guy is either your mothers or fathers brother? Wait for him to sober up then sent who ever is closest to him over to talk to him. If nothing else he wouldn't be the first old guy who's had the firing pins removed from his weapons while he was away...

[swampdragon]

Next time he points a gun at you or your mom...
Tell your mom to get out of the car.
You get in the driver seat.
Run the fucker over.

[TEN-32]

Abakan, how many teeth in your family?

[Zoff12]

Yep, when my sister was 16 some asshole pulled a .357 on her and all they did was charge him with a misdameanor. With his previous record he probably would've done a year or more in jail, but the asshole cop decided not to show up for court and he got off.

Jeez... in VA... cop don't show up... case gets continued and cop can catch a charge of a capias or, at the least, a show cause.