Brandishing a Pistol: Assault? Illegal or Legal?

Discussion in 'Legal and Activism' started by Angrypoonani, Feb 1, 2010.

  1. Angrypoonani

    Angrypoonani New Member

    167
    0
    0
    I was wondering what the laws were Texas surrounding this issue.

    My brother was driving the other day and the he was in had to merge into the adjacent lane. Some car tried to speed up and cut him off so he couldn't get over, however there was no other option besides being run off the road! He gave them the finger as they passed by and they (two black females in a silver lexus) sped off. They returned, this time on the passenger side, to harass him and give him the 'bird,' of course the eff-u was returned by my brother. They then sped off again. This time they returned on the drivers side and the passenger was holding a glock - not pointed at him but still brandishing a weapon in a threatening manner.

    Is this illegal??
    Now I don't know the whole story and I wasn't there but isn't that aggravated assault with a deadly weapon? The way the story was told, is this enough to (God forbid) shoot someone. I would have been scared sh*tless! I carry in my car under the seat because that's legal in Texas, but I don't know if I would have even thought about pullin my weapon. I don't want to have kill someone especially some girl that thinks shes hot stuff with a gun that thinks she can bully someone off the road. I mean my knee-jerk would be to BRAKE and move away from the threat but what if she had pulled up and started shooting, I mean WTF?

    He got the license plate and the make of the car and details and stuff and filed a police report, but do the police actually even look into this stuff??

    If there are any police on here please respond with what procedure you would take and how the police would handle a report like that.
     
  2. willfully armed

    willfully armed New Member

    2,096
    1
    0
    of course it illegal.

    But try to convince a jury that you were scared for your life when you shot into a moving vehicle, from your moving vehicle, thereby putting everyone on the road at risk.

    To "defend" yourself in a situation where some jackoff tried to keep it real on the highway by displaying a pistol, would be flat out ignorant. Even for a Texan;)

    you could easily apply brakes and change lanes to avoid confrontation, then a subsequent call to 911.


    There are lots of "what-ifs" that could apply here.
     

  3. alsaqr

    alsaqr Well-Known Member Supporter

    6,276
    390
    83
    It takes two drivers to play the silly road rage game. What is wrong with backing off, getting a license number and calling the cops?
     
  4. Angrypoonani

    Angrypoonani New Member

    167
    0
    0
    We already went over the story... He did brake get the plate and call 911... But are the cops really going to do anything?
     
  5. gorknoids

    gorknoids New Member

    2,396
    0
    0
    My son and his girfriend went through a similar situation a few years ago, but in VA. They reported it, and the woman was arrested and found guilty. Don't recall the punishment, though.
     
  6. feedsasquatch

    feedsasquatch New Member

    260
    0
    0
    Someone almost ran my wife off the highway in San Antonio (hitting her car in the process) and kept on going afterwards. She got the plate numbers, we called the cops, and they got a nice visit...
     
  7. Gojubrian

    Gojubrian New Member

    6,262
    5
    0
    I would hope they would follow up on idiots road raging and brandishing ghey's.
     
  8. Angrypoonani

    Angrypoonani New Member

    167
    0
    0
    That's what I hope. I mean you cant just go around whipping your pistol out... that's ridiculous! I hope the police investigate because indiscretions like that shouldn't be glossed over and go without consequence.

    Does anyone know what the offense would be categorized as? (e.g. aggravated assault or something)
     
  9. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

    11,380
    2
    0
    Unless the gun was pointed at you, it is doubtful a court would accept any sort of assault charge. Deadly Conduct would still require the gun be pointed in your direction. The most appropriate charge would be Disorderly Conduct #8 (display firearm in a manner calculated to alarm).
    This is a Class B Misdemeanor. Will an agency actually investigate and pursue charges? It depends on the agency.
     
  10. TXnorton

    TXnorton New Member

    1,376
    0
    0
    Thread killed by Robo, before 7PM.
     
  11. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

    11,380
    2
    0
    Dang, Norton caught me.
     
  12. Angrypoonani

    Angrypoonani New Member

    167
    0
    0
    class b misdameaner punishable by?
     
  13. Angrypoonani

    Angrypoonani New Member

    167
    0
    0
    My bro picked out that ho from a lineup and the investigator is going to place her on the road and prosecute through the da with a charge of deadly conduct revoking her drivers license and chl along with a fine and possibly jail time
     
  14. Car54

    Car54 New Member

    2,103
    0
    0
    Of course the innocent little lamb denied having a gun in the car, do they have any evidence other than your brother's statement and the id at the line-up? I hope all goes well and punishment is meted out.
     
  15. Glasshartt

    Glasshartt New Member

    1,893
    0
    0
    All depends on judge/jury if convicted or plea -- pre-trial intervention (if first offense and plead before going to court); probation; jail time (not prison); fine; or any combination of above
     
  16. Mark F

    Mark F New Member Supporter

    2,918
    0
    0
    Road rage isn't taken lightly anymore, and brandishing a firearm is illegal in Texas. Keep us informed as to the result.
     
  17. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

    11,380
    2
    0
    All Class "B" Misdemeanors are punishable by 6 months in jail and a $1000 fine.
    Depending on the County, the DA "may" accept the Felony Deadly Conduct charge. If the County is anything like Travis (fortunately there are not many like Travis) it will get quickly downgraded to a Class B and she will get (maybe) a $500 fine and 6 months probation. Revoke the DL? Maybe. Suspended it for a while? Maybe. Revoke the CHL? More likely.
     
  18. Shooter

    Shooter Administrator Staff Member

    6,296
    13
    38
    Very illegal. There was a poster on this forum that had just got out or prison for doing that.
     
  19. skullcrusher

    skullcrusher New Member

    10,888
    1
    0
    Keep us updated as this goes on, Angry. :)
     
  20. Angrypoonani

    Angrypoonani New Member

    167
    0
    0
    Bro got a call from the DA telling him she had a court date set in march sometimes to plead.

    Obviously if she pleads guilty she'll get some sentence right there. But if she pleads not guilty another court date will be set and my brother and his gf will be called as witnesses... probably only worsening her sentence as she was obviously not in fear of her life because she came back to taunt them once then again to display her gun... which she shouldn't be allowed to have IMO.