What charge would follow an accidental shooting?This is a discussion on What charge would follow an accidental shooting? within the XDTalk Chatter Box forums, part of the XD Talk category; So unfortunately there was some type of shooting in my apartment neighborhood (not near my side) and management sent a letter to everyone stating that ...
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06-29-2012, 04:00 PM
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#1
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XDTalk 500 Member
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Location: Florida, USA
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What charge would follow an accidental shooting?
So unfortunately there was some type of shooting in my apartment neighborhood (not near my side) and management sent a letter to everyone stating that "...there was an isolated incident resulting in aggravated battery in the community..."
By definition in FL aggravated battery is
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Uses a deadly weapon; or
3. If a person who was the victim of a battery was pregnant at the time of the offense and the offender knew or should have known that the victim was pregnant, then the offender may be guilty of the crime of aggravated battery.
I saw online from the Sherriffs office...
"Type: AGGRAVATED ASSAULT
Category: AGGRAVATED BATTERY
Description: AGGRAVATED BATTERY - WITH A DEADLY WEAPON - NO PREVIOUS STALKING
Class: VIOLENT
Weapon: HANDGUN (DISCHARGED)
Location: PARKING LOT"
Now the manager here tries to tell me it was "isolated and most likely accidental" would an accidental discharge striking someone be in this category? From my knowledge no it wouldn't. Also it was 0340 Monday morning, not many people are awake then to accidentally shoot something/one and it was in the parking lot which furthers my intrigue as to what really happened. I don't see anyway to get a police report and the manager stated that they are still investigating and not much has been figured out regarding the case.
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06-29-2012, 04:05 PM
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#2
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XDTalk Member
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I've heard of ND's being charged as Reckless Endangerment.
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06-29-2012, 04:10 PM
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#3
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XDTalk 100 Member
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Quote:
Originally Posted by BKling
I've heard of ND's being charged as Reckless Endangerment.
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Likewise...
Andrew
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06-29-2012, 04:11 PM
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#4
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XDTalk 100 Member
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In Florida it means jail time.
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06-29-2012, 04:41 PM
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#5
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XDTalk 5K Member
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It may have been accidental (they didn't mean to pull the trigger), but they're still responsible and can be charged accordingly. Looks like an AD could fit in this category.
1. Intentionally or knowingly causes great bodily harm, permanent disability, or permanent disfigurement of another person; or 2. Uses a deadly weapon
A deadly weapon was used. Bottom line. Depending on what occurred, might fit under the knowingly category as well.
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06-29-2012, 06:33 PM
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#6
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they shot someone and after the fact claimed it was accidental
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06-29-2012, 06:55 PM
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#7
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XDTalk 10K Member
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Depends on your state laws.
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06-29-2012, 11:33 PM
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#8
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XDTalk 100 Member
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Quote:
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or 2. Uses a deadly weapon;
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That's all that needs to be said in this case. Intent doesn't even factor in.
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06-29-2012, 11:46 PM
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#9
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XDTalk 100 Member
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I think there is more to this story.
How do you have an AD at 0340? It isn't like he was cleaning his gun in the parking lot and forgot to clear to chamber. I'm thinking he he pulled the gun on somebody and "accidentally" pulled the trigger. If that is the case.............
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But always enough time to do it again?
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06-30-2012, 06:05 AM
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#10
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XDTalk Member
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Location: North Carolina
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the only ones running around at 3 in the morning are cops and dealers.
you can't expect an apartment manager to confess that drug deals go on right under your nose while you sleep. Bad for business.
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What charge would follow an accidental shooting?
