A "warning shot" will cost you dearly

[sofbak]

Via mandatory sentencing laws.......

"The prosecutor offered you probation, no jail sentence," said Moriarty. "

"Right," he said. "It never dawned on me that I would lose, because I hadn't done anything wrong. I'd protected my family, and I didn't even hurt anybody."

And Wollard's sentence seems particularly harsh, says his wife, when you consider that in Florida, if you happen to kill someone while "standing your ground" in self-defense, you may face no charges at all.

"But if you shoot a warning shot just to scare them away, you'll get twenty years in prison," said Sandy.

http://www.cbsnews.com/news/mandatory-minimum-sentencing-injustice-served/

1. Never make a statement to on-scene investigating LEO. Invoke your 5th, and demand to speak to a lawyer.

2. If you have to fire your gun to "warn" an assailant:

-You were being attacked and feared for your life or the life of a family member

-You fired to stop the attack and missed the assailant

3. Never make a statement to on-scene investigating LEO. Invoke your 5th, and demand to speak to a lawyer.

[mlrs_27m]

That is exactly what I was told in my ccw training class.

[toby]

Hmmm! Floriduh

[ElvenSoul]

Do note in that state you can rob someone while brandishing a gun and get a lighter sentence.

[G-Man WC]

Weak sauce. This political correctitude crap is getting out of hand.
-g

[CPRAFAN]

There is a book out there that discusses this - I think the title is Call 9-11 and Go To Jail . . . The author argued that your first call to be to a lawyer after using a gun to defend yourself, and let the lawyer call 9-11 for you. This way, you are not recorded on the 9-11 tape saying something wrong . . . Pros and cons to this approach, but it is your right not to incriminate yourself . . .

[Chefantone]

I have my attorney's card in my wallet. If I am ever placed in this situation I have been instructed to call him first.

[nate76239]

We can call and write to our reps in congress and the senate to pressure them to change mandatory sentence laws. A warning shot shouldn't be a crime. The movie "Snitch" starring Dwayne Johnson was about unjust minimum sentence laws concerning a different crime.

[Jimi Jah]

Under Florida law this guy would not have been charged if he had killed the perp under stand your ground laws. That tells the citizens to be sure and kill any intruder, don't let them live or you too could do 20 years.

This guy was double dumb though. He was offered probation, no jail time and turned down the deal.

[CAguy]

Pulling a gun during a domestic dispute will usually end badly in nearly all cases. Not the sharpest tool in the shed. Arrogantly thinking he did nothing wrong only compounded his foolishness.

[CK_32]

Sad but in CA everyone with a gun is a bad guy, until proven others wise.

[IVC]

If I was that judge, I could not have sentenced that guy to 20 years.

There was no choice and no way around it. Refusing to do what he must do would not lower the sentence since the court system would rectify it. The only result would be a disciplinary action against the judge.

[IVC]

That tells the citizens to be sure and kill any intruder, don't let them live or you too could do 20 years.

No, it tells citizens (1) don't fire warning shots, (2) don't talk to the police - everything you say will be used against you, (3) if you did fire a warning shot, make sure the DA has to prove it with something *other* than your own admission.

[SonofWWIIDI]

Wait, I thought you should just fire two blasts from your double barrel shotgun...at least that's what shotgun Joe says.



The Biden defense?!?

[Victor Cachat]

No disgression allowed in our Neo-Communist (in)justice system.