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Legal advice, sort of.

Discussion in 'Glockers of the Old Dominion' started by frank4570, Jun 3, 2007.

  1. frank4570

    frank4570

    15,508
    7
    Jun 25, 2004
    A guy I know, said that if you are convicted of assault you will loose your carry permit.
    Does anybody know if that is true?
     
  2. Truckee

    Truckee Aging Goat

    579
    0
    Jul 17, 2005
    Shenandoah Valley
    without knowing the circumstances... it's very possible.
     


  3. frank4570

    frank4570

    15,508
    7
    Jun 25, 2004
    Well then, I'll give you more to work with.
    Hypothetical,which didn't happen, but could have. I get into a verbal altercation with another business owner. He goes too far, and I punch him in the mouth.For the sake of argument, I am not carrying when I hit him.
    Is my permit in jeopardy at this point?
     
  4. pjva04

    pjva04 Snub Lover

    Goes too far physically? Or is he just talking smack?

    MY OPINION... Say he is screaming obscenities at you on your business, I believe you may have the right to "escort" him off (still better to call the police), but hauling off and smacking him one could get you an assault charge and possibly jeopardize your CCP
     
  5. I am not a lawyer,

    But coming from the VA State Police web site for reasons you can be denied a CHP:

    http://www.vsp.state.va.us/Firearms_ResidentConcealed.shtm

    And a little further down the page under Revocations and suspensions:

    So yes if you get charged with simple assault you will most likely lose your permit, it will be permanent if you are convicted..
     
  6. frank4570

    frank4570

    15,508
    7
    Jun 25, 2004
    Wow, I think you nailed it vafish. And to take it a step further, if a person lies and says I shoved them, that can be the end of my permit.
    I really really disagree with the law here,but it is what it is.
    Thanks.
     
  7. I was interested in the legal definition/distinction for assault and battery in Virginia.

    Virginia Code §18.2-57 codifies the offense of simple assault and battery as a class 1 misdemeanor; however, this code section relies upon what is called the common law to define the elements of the offense....The common law definition of an assault and battery is an intentional harmful or offensive contact.

    An "assault is the apprehension of a harmful or offensive contact". Thus, even if you did not actually make contact with the individual, if you intended to make contact, you could be found guilty of assault. A battery is the actual harmful or offensive contact.

    If the other person can "prove" that they had a fear of bodily harm from your actions, then you could be charged with assault.

    Link: http://virginiacriminallawyers.vatrafficlaw.com/pages/assault-and-battery.html
     
  8. Truckee

    Truckee Aging Goat

    579
    0
    Jul 17, 2005
    Shenandoah Valley
    vafish and alien-Glocker have nailed it and have posted the info that I did not have time for during my original answer.

    Find a sympathetic bench hearing a simple assault, you likely won't get into trouble with your CHP. The judge will have to determine if the "perception" of an assault actually occurred.

    In the hypothetical you cite, you were being assaulted (providing you had reason to believe that your situation was unstable and open to escalation). Once you shove or punch him in the mouth, then you have committed the physical "battery" and your CHP is surely in jeopardy.

    A word of advice, if I may... he who calls 911 first is the complainant... he who dials last is the suspect... and a judge, whom wasn't there, will sort it out in the end.