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Wow so am I screwed? (pointed gun at ppl)

Orlando, FL |

I was at a party and a group of guys that I had beef with in HS showed up. bout 5 of them.
one of them(the main guy) was running his mouth taunting me. the other guys were smiling and blowing kisses(as a taunt).

I felt like they were gonna start problems so I lifted my shirt a little so they can see the butt of the gun. one of them said "u really don't wanna get serious."

I pulled out the gun and pointed it at them and everyone was like "whoa" and some ppl ran. everyone had their hands up and i told everyone to calm down. i told the guys that if they wanted problems that i'd be more than happy to blow their brains out.

they ran out.

i am told that ppl are snitchin and giving my name, man wtf. i looked it up and this is agg assault w/ a firearm with a MINIMUM OF 3 YRS IN STATE PRISON??!

oh i forgot to mention i have no prior record

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Attorney answers 5


Aggravated Assault with a Firearm does carry a minimum mandatory three years in prison regardless of the fact that this is your first offense. That being said, you may have defenses available to you. Even if you don't have defenses, it is possible that a skilled attorney might be able to get the charge reduced to an improper exhibition of a firearm or some other charge that does not have a minimum mandatory sentence. A final possibility is that a judge might consider doing a downward departure and this might result in the court waiving the minimum mandatory. However, I would have to research that last answer to know for sure. Whatever you do, I would recommend that you do not discuss this case with anybody but an attorney.


Are you screwed?!? Seriously? After what you described you really want to know if your screwed?!? How about this: the best advise anyone here can give you is if you get charged or of the police come looking for you to get a lawyer ASAP. Personally I would meet the attorney first and keep him/her on speed dial.


You are allowed to stand your ground in Florida but you cannot act like you're in some gangsta movie and start lifting your shirt telling people if they want some they can have some. The court and most State Attorney Offices take gun charges very seriously. You could very well be charged with the 3 year min/man. You need to hire an attorney immediately and keep your mouth shut if the police attempt to question you or serve an arrest warrant before you hire an attorney.

Maybe you'll get lucky but the only way for that to happen is to get prepared. Hire an attorney now.

James Davis


I have handled many of these cases.

First the bad news. There is probably a warrant for your arrest already. All they need is one witness to get a warrant. Find an attorney using Avvo. Speak to several. Hire the one you are most comfortable with.

Second, a brighter outlook: the attorney you hire may be able to intervene and negotiate with the State to file aggravated assault with deadly weapon instead of aggravated assault with a firearm. If that occurred there would be no mandatory minimum. Another possibility is persuading the state to file an improper exhibition of a firearm which is a misdemeanor.

You haven't said what these guys did to you in high school. If they did horrible things to you that would be considered a felony, those facts could be relevant to a defense, and might even cause these guys to be fearful of getting confronted in trial by an attorney.

In any event, you should seek counseling it suspect it could be helpful to you.


James Regan, LL.M, Esq. | The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Florida. Responses are based solely on Florida law unless stated otherwise.


First of all, you definitely don't want to be putting your version of the events out there, even in a forum like this where you are not identified. Pointing a gun at people and shouting that you will be happy to blow their brains out is usually frowned upon by the courts. You are correct in that if you are convicted as charged, you face a mandatory minimum sentence of 3 years on prison. The State may try and add multiple counts for multiple victims, but you would have some good arguments against that. Additionally, if you are under 21 years of age, you could possibly get designated as a youthful offender, which would mean that the judge would not have to impose the 3 years. You will also want your attorney to investigate the witness to determine how credible their testimony is to begin with. Were they drunk, high, ., how far away were they, etc.

Best of luck to you.