Legal Question in Criminal Law in Virginia

Branishing of a Firearm, Walther ppkbee bee gun not loaded

My boyfriend is facing a trial coming up in Fairfax county which is a very strict county for branishing a firearm. The gun he was ''branishing'' was a walther ppk bee bee gun and it was not loaded he pointed it at his head only. No shots were fired and he did not put aim towards the police involved. He had been drinking at the time, he is 19 years of age,he has no prior anything on his record and we are about to have a child in september. They say he is facing 5 years, I was just wondering a legal take on the situation. Do you think he will get 5 years if any time? Also is there any thing he could do before court to lessen his time or sentence, like joining any programs? Thank you very much.


Asked on 5/10/05, 10:18 am

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Branishing of a Firearm, Walther ppkbee bee gun not loaded

I guess my first question is why was he holding any kind of weapon to his head? The indication is he might need some counseling (mental health or alcohol). If this is a first offense and he has no record he should get a 5 year suspended sentence and probation with no actual time served. If he sets himself up in a program suggesting rehabilitation and addressing his issues then he might be able to negotiate this to a misdemeanor. A felony is a burdensome thing to carry around with you for the rest of your life.

Good luck.

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Answered on 5/10/05, 6:53 pm


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