Aggrivated Assault and Possession of a Firearm by a Felon

[antigone011]

What is the name of your state (only U.S. law)? GA

I had met a guy about a year ago and he is a convicted felon. I never became romantically involved but we did become friends. He was doing really well and became close friends. He has a drinking problem and he got drunk and got into a fight. He was at a friends house and his friend had his gun out. These people aren't very good friends to put their friend who is a felon in a situation with a gun but anyway. He got into a fight with another person at the get together and he punched them once and broke their nose. Then he grabbed the gun and told him he'd kill him.

Well his friend calmed the situation down but someone at the party had called the police and they came. Apparently my friend still had the gun which was not loaded and was going on drunkenly like an idiot around the house. The police came in, saw him, saw how drunk he was and this guys broken nose and saw him stupidly waving around a gun. The guy didn't want to press charges but the police did anyway. His friend told the police it was his gun, they even had the papers but since my friend had the gun in his possession and threatened a guy with it then he got a charge. And they said something about charging his friend with supplying a gun to a felon but I'm not sure about that.

So now he's charged with aggrivated assault and possession of a firearm by a convicted felon. So my question is...what is the penalty for someone with a prior conviction if they are convicted of the charges he's been charged with? His prior conviction was assault with a deadly weapon. Do they ever do mandatory counseling for alcohol too in cases like this?

 

[sandyclaus]

What is the name of your state (only U.S. law)? GA

I had met a guy about a year ago and he is a convicted felon. I never became romantically involved but we did become friends. He was doing really well and became close friends. He has a drinking problem and he got drunk and got into a fight. He was at a friends house and his friend had his gun out. These people aren't very good friends to put their friend who is a felon in a situation with a gun but anyway. He got into a fight with another person at the get together and he punched them once and broke their nose. Then he grabbed the gun and told him he'd kill him.

Well his friend calmed the situation down but someone at the party had called the police and they came. Apparently my friend still had the gun which was not loaded and was going on drunkenly like an idiot around the house. The police came in, saw him, saw how drunk he was and this guys broken nose and saw him stupidly waving around a gun. The guy didn't want to press charges but the police did anyway. His friend told the police it was his gun, they even had the papers but since my friend had the gun in his possession and threatened a guy with it then he got a charge. And they said something about charging his friend with supplying a gun to a felon but I'm not sure about that.

So now he's charged with aggrivated assault and possession of a firearm by a convicted felon. So my question is...what is the penalty for someone with a prior conviction if they are convicted of the charges he's been charged with? His prior conviction was assault with a deadly weapon. Do they ever do mandatory counseling for alcohol too in cases like this?

As a convicted felon, the likelihood of jail time for this kind of offense (involving both an aggravated assault and possession of a handgun) is EXTREMELY GOOD.

Tell your friend that he needs an attorney IMMEDIATELY, and not to discuss - or have his FRIENDS discuss - his case with anyone other than his attorney.

 

[antigone011]

I heard they have a lawyer. I cannot see them as they are still in jail. I was wondering what time someone may face as in years for such offenses. They have been in jail two weeks and still haven't been to a hearing about posting bail. Do they normally even allow bail under the circumstances?

 

[antigone011]

Also how does the three strikes work? They have a prior felony for assault in the first degree. If the firearm possession sticks that's a felony and the assault from this charge is a felony....would that complete three strikes and be a life sentence??

 

[HighwayMan]

Do they normally even allow bail under the circumstances?

That's pretty much up to the presiding judge.

 

[Just Blue]

I heard they have a lawyer. I cannot see them as they are still in jail. I was wondering what time someone may face as in years for such offenses. They have been in jail two weeks and still haven't been to a hearing about posting bail. Do they normally even allow bail under the circumstances?

Huh??????????????????????^

 

[Just Blue]

Also how does the three strikes work? They have a prior felony for assault in the first degree. If the firearm possession sticks that's a felony and the assault from this charge is a felony....would that complete three strikes and be a life sentence??

Find new friends

 

[Antigone*]

What is the name of your state (only U.S. law)? GA

I had met a guy about a year ago and he is a convicted felon. I never became romantically involved but we did become friends. He was doing really well and became close friends. He has a drinking problem and he got drunk and got into a fight. He was at a friends house and his friend had his gun out. These people aren't very good friends to put their friend who is a felon in a situation with a gun but anyway. He got into a fight with another person at the get together and he punched them once and broke their nose. Then he grabbed the gun and told him he'd kill him.

Well his friend calmed the situation down but someone at the party had called the police and they came. Apparently my friend still had the gun which was not loaded and was going on drunkenly like an idiot around the house. The police came in, saw him, saw how drunk he was and this guys broken nose and saw him stupidly waving around a gun. The guy didn't want to press charges but the police did anyway. His friend told the police it was his gun, they even had the papers but since my friend had the gun in his possession and threatened a guy with it then he got a charge. And they said something about charging his friend with supplying a gun to a felon but I'm not sure about that.

So now he's charged with aggrivated assault and possession of a firearm by a convicted felon. So my question is...what is the penalty for someone with a prior conviction if they are convicted of the charges he's been charged with? His prior conviction was assault with a deadly weapon. Do they ever do mandatory counseling for alcohol too in cases like this?

I find it very telling that you blame the friends for having the weapons but you place no blame whatsoever on the drunk idiot felon of a friend.. In any case this is not your legal issue. The idiot should be speaking only to his attorney about his situation. If he speaks to anyone else about it, in any way, shape or form, he furthe risks his freedom.

 

[antigone011]

I never said he didn't do it. Nor do I blame his friends. His mother informed me of the specifics of the situation, which is what was in the news. And the fact that he's been in jail for two weeks without arranging bail. It's not that they have refused bail...they just haven't given him the chance to speak with a judge about bail. My questions were....how do the three strikes laws work. If you have a felony, then catch two felonies at the same time at a future date, as he may get with this one does that qualify for the three strikes law? From what his mother told me he's not denying anything that happened so people can discuss what happened or not, he admitted he punched the guy and threatened him with a gun. And admitted the gun was his friends and the police saw him with the gun when they came in. There's no getting out of it...the only thing his mother is saying they are doing is that his lawyer is going to try to strike a deal with the prosecuting attorney but nobody knows what kind of time they may be facing. So as a friend, I'm obviously interesting in what might happen. I don't need new friends, I have a lot of good friends, he got into a fight and broke someones nose. Ok. That happens sometimes when people get together and get drunk, but his status of being a prior felon and the fact he was acting stupid with a gun that wasn't even loaded is what got him in trouble. But I've seen people do far worse and not even get arrested. The person that he punched in the face didn't even want to press charges because it was a mutual thing where he wanted to fight him. It's not like he "assaulted" an innocent person just standing on the street.

 

[latigo]

What is the name of your state (only U.S. law)? GA

I had met a guy about a year ago and he is a convicted felon. . . . .

First they “knife him, then hang him, then shoot him and then kill him”! * But not necessarily in that order. And who gives a hoot?

Also, if anyone is in need of “counseling”, it is thou, chowder head, because neither you nor anyone else is going to scrub off his “spots”!

[SUP] [*] P. W. Herman okayed the quote.[/SUP]

 

[HighwayMan]

That happens sometimes when people get together and get drunk

You said he has a drinking problem - THAT coupled with him being a convicted felon will cause nothing but problems for him and those around him. So much for him "doing really well". Seems like the opposite is true.

The person that he punched in the face didn't even want to press charges because it was a mutual thing where he wanted to fight him. It's not like he "assaulted" an innocent person just standing on the street.

An assault is an assault. It doesn't matter how "innocent" the victim is. Where I'm from I don't need a victim to complain. Seems like it's the same in Georgia. As long as I have probable cause that Mr. X committed an assault he's getting arrested, especially when there is a significant physical injury involved. Stop trying to lessen that fact that your "friend" committed a serious offense. Actually several serious offenses.

 

[antigone011]

A lot of people have gotten into fights. I have, especially when I was a kid or teenager. Sometimes even as adults someone just oversteps their boundary and they get punched in the face. But I just don't understand assault charges. It seems only certain people go to jail for assault and a lot of people get into fights, police are called and nothing happens. I don't understand how some physical confrontations are considered assault and others aren't. It's my impression you can get an assault charge for threatening to beat someone up. Then most everyone at some point in time has committed the crime of assault.

Thanks for the sort of help. The legal questions weren't answered by my friend is home now, finally. And the charges were dropped, including the gun charge. Apparently the business he works for is also independently owned by the one of our ex magistrates and he helped it along.