Legal Question in Criminal Law in Virginia

brandishing weapon -- Class I misdemeanor

I currently live in an apartment complex with a roommate. We do not get along for numerous reasons, one of which is that he seems to have mental issues. I also keep a gun in the apartment sometimes or in the trunk of my car and my roommate knows this. Recently, we got into a serious argument. He left the apartment pissed and called the police on me, saying I pointed the gun at him, which I didn't, but it was in my room and I insinuated I would use it if he came at me. The police showed up and questioned us about the situation. I was not arrested or anything, but they explained that he had the right to file a complaint against me, which would be a Class I misdemeanor. They also said it would be in my best interest to turn the gun over to them, which I did. One of the officers even offered to testify on my behalf if it came to that, since my roommate acted so irrationally at the scene and I was cooperative. The landlord was also there and mentioned to the officers that my roommate was ''off'' and ''slow''. So, my question is, what are my rights in this situation? I have no criminal record nor have I ever been arrested. Can I be arrested on my job? And are there any good defense lawyers in the Charlottesville, VA area who can help?


Asked on 5/21/08, 12:52 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: brandishing weapon -- Class I misdemeanor

You have the right to defend yourself against any criminal charge using any means necessary within the bounds of the law.

Once an arrest warrant is issued, it can be executed wherever the defendant can be found, including his job site.

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Answered on 5/26/08, 9:45 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: brandishing weapon -- Class I misdemeanor

You have the right to defend yourself against any criminal charge using any means necessary within the bounds of the law.

Once an arrest warrant is issued, it can be executed wherever the defendant can be found, including his job site.

Read more
Answered on 5/26/08, 9:45 pm


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