Question About Possible Aggravated Assault Charge..Please help!!

[Tucsongoodtimes]

What is the name of your state? Arizona

I recently had a detective contact me about a incident that supposedly had happened over a month ago on the road. A person whom I have no idea alleged that I pointed my gun at him while driving. I keep my gun on the dash of my car so I thought that maybe I had done something to piss him off and he saw it thinking I was pointing it at him; or just to mess with me called it in saying as such. I have absolutely no idea why this guy would be accusing me of this nor of any incident that would cause someone to be this angry at me.

The detective never arrested me. There where no witnesses (because it didnt happen) and all the info given to the detective are things anyone can see when driving past me: my plates, what I look like, my gun. I have no prior arrests for anything and I have a perfectly clean driving record.

The detective confiscated my gun (2 weeks later after he originally contacted me) stating that I could get it back after the County's Attorney's office decides what to do. The detective said that he would contact me in a month or so after the County's Attorney's office had decided to proceed with charges or not.

I just spoke with a local attorney who basically said the case was "he said she said", that there basically wasn't a case at all and that I shouldnt worry. I am losing sleep over this and would like to know what you guys think. Anything would help....Thanks again (from someone who needs piece of mind)

 

[CdwJava]

I wouldn't stress about it. If they had something, it would have been wrapped up by now I would think.

Contact the detective, see what the status of the case is. If it has been filed with the prosecutor, call that office and check on the status. If it won't be filed, find out how you can get your gun back.

- Carl

 

[Tucsongoodtimes]

Thanks for the quick reply. This whole thing is an unnecessary mess that is stressing me out and will hopefully end quickly. The detective said that my gun would be returned as long as the County's Attorney's office doesnt pursue the charges. If they do, I can't get it back until after everything is settled pending I dont get charged. I would think that if they had something on me, they would have already gone ahead and done something. Hopefully the truth will prevail.

 

[CdwJava]

The problem here might be that they have a year - maybe two (depending ont he charges that you might face) to actually file the case. So they COULD drag it on for a very long time.

It might take your retaining an attorney to spur any action.

- Carl

 

[Tucsongoodtimes]

The detective said that I should expect to hear back from him within a few weeks at the earliest, or within a couple months if it is backed up. Doesn't really seem like he wants to prolong it. (i hope) Just seems strange to me that it can take so long.

Can a case this empty really make it to trial? All this guy has on me is that he knows what I, my gun and my car look like. All I have to do is drive up next to someone that pisses me off, see they have a gun on the dash, take down the license plate and call in an aggravated assault charge? Seems crazy to me but i'm the one going through it..good times

 

[CdwJava]

COULD it go to trial? Sure. Anything CAN go to trial. But, most prosecutors are not going to take a case to trial where the reasonable doubt just leaps out at you.

And, I have to ask, WHY do you drive around with a gun on your dashboard? Does everyone in AZ carry a gun?

I live in a rural and heavily armed, rural part of CA and even here, driving with a handgun on the dash would likely result in a traffic stop at gunpoint at least once a week.

- Carl

 

[Tucsongoodtimes]

There are quite a few gun carriers in AZ for the fact that a license is not neccessary. I carry it on my dash to keep it in plain sight in case i get pulled over. I didnt want to risk being charge for concealing the weapon. I know now that keeping it on my floor is a much better idea due to the sketchy people out there just ready to jump at this kind of opportunity.

 

[stephenk]

is it secured while on your dash? I can imagine it sliding around while you make turns or abrupt stops.

 

[Tucsongoodtimes]

No it stays on there just fine. My dash slants towards the window so it just kinda gets wedged in there. I was pulled over once and the police officer didnt say anything about its placement so I assumed it would be fine; although he did put it back in my trunk in pieces when he was finished. After this, I will be hiding it as much as possible without actually concealing it; that's if I ever get it back...

 

[AHA]

Just found a reason why AZ will never be pleasured by my residency and tax dollars!!!!!

 

[Tucsongoodtimes]

Anyone else have any input as to what to expect? If the County's Attorney's office DOES decide to push the charges (God forbid), should I consider getting myself an attorney? I don't know if relying on the public defender would suffice or do I have a choice? I am extremely 'green' to this whole world and would like to have a better understanding as to what routes to take under possible outcomes. I dont mean to push for help but im a little paranoid/worried.

Does anyone have a good link to Arizona law that may be of better assistance to me so I can research on my own? Thanks in advance for any help!!

 

[CdwJava]

Kinda hard without knowing what specific offense you might face, but here's a good start:

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/13/03102.htm&Title=13&DocType=ARS

It concerns firearm misconduct.

- Carl

 

[stephenk]

if you can afford an attorney you most likely will not qualify for a public defender.

 

[Tucsongoodtimes]

I think the detective said that it would fall under aggravated assault.

Thanks guys, I really appreciate the help!

 

[Tucsongoodtimes]

So i just received a summons in the mail on jan 1 (happy new year to me) for this stupid thing. It says i am summoned to appear in court to answer to 1 count of aggravated assault; 3rd degree fellony (AZ). This whole thing is rediculous. There are no witnesses to this supposed incident; just some guy who knows what i, my gun, and my license plate look like.

Can i really call the cops on some random person if i know what they and their gun look like? Seems like the system is messed up if thats all it takes to mess with someones life. i now have to get an attorney and get this thing thrown out.

Anyone have any advice??? I have peace knowing i didnt do this but there are plenty of innocent people in jail. what are the odds this guy can pull this off on me? His word against mine. This is really freak'n me out. I would never point my gun at anyone...