Police Charge Discrepancies Explained

Summary

Police can charge a person with a higher crime based on evidence gathered, even if the crime wasnt initially reported. In West Virginia, wanton endangerment with a firearm doesnt require the firearm to be aimed directly at someone but involves reckless behavior that could harm others. If you have video evidence contradicting the claims, it can significantly impact your case. Consult a local attorney to present this evidence correctly and understand your legal options.

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Example . If a person calls the police for brandishing and the firearm never left the holster then how would that charge be then changed to wanton endangerment with a firearm ? In order to be charged with that the firearm has to be aimed at someone and a cop would never be able to gather evidence of that unless there were shots fired or they seen it themselves
In West Virginia, for a charge of "wanton endangerment involving a firearm," there needs to be evidence of:
- Reckless handling of a firearm.
- Disregard for the safety of others.
However, the firearm doesn't necessarily have to be aimed at someone. Each case is unique and depends on the evidence gathered. The police can amend charges based on their investigation.
Well I disagree as in wv the definition of wanton endangerment is disregarding the life of others and without aiming a firearm at someone you cannot disregard there life . Along with this the police claimed the man said I was waving a gun around and the man actually never said that between the contact .
I understand your concerns. Here are the key points about Wanton Endangerment in West Virginia:
- It doesn't require the firearm to be aimed directly at someone.
- It's based on reckless behavior that could potentially harm others.
- The charges can be based on the evidence collected, not solely on what was initially reported.
Remember, each case is unique and the outcome depends on the specific circumstances.
I don't see how u can put someone's life at risk when a firearm was never removed from being concealed . Is this fair
I understand your concerns. Legally, it's possible to endanger others even if a firearm is concealed, if reckless behavior is involved. Fairness often depends on specific evidence and circumstances. Consider consulting a local attorney for personalized advice.
Is reckless behavior considered quietly answering in a calm voice and maybe being a lil sarcastic ? But overall not yelling or jumping around
Reckless behavior generally refers to acts that disregard the safety or well-being of others. Speaking quietly, being calm, or being sarcastic, is not typically considered reckless. However, context matters, and specific laws can vary. Consult a local attorney for more personalized advice.
Well i can tell you exactly . I was told by a person they were getting a car towed , I said well it's not your property it's the right away . To which the person replied oh what you gonna shoot me and I replied dude get off my property so what u want to to do it's not my car . Does that seem reckless
Based on your description, this doesn't seem like reckless behavior. However, specific laws can vary by state and situation. It's best to consult with a local attorney to fully understand your legal position.
This is in wv
Noted, you're in West Virginia. Based on your description, it doesn't seem reckless. However, I need to highlight that the interpretation of "recklessness" can vary by court. Consulting a West Virginia attorney would provide the most accurate advice for your situation.
I understand
I'm glad you understand. Remember, this is just general information. For specific advice related to your situation, consult with a local attorney. They'll be able to help you navigate this complex matter in West Virginia.
What if I said instead dude get the f off my property . Would that still seem like non reckless behavior . Keeping in mind that a firearm was not used in anyway and the charge is wanton endangerment WITH a firearm
Based on your description, it would likely not be considered reckless behavior. However, context and evidence are crucial. For the most accurate advice, consult a local attorney in West Virginia who is familiar with your specific situation.
Evidence do not exist . The man who claims these things is lying and I have footage of the incident to show that he is lying
If you have video evidence that contradicts the claims, this can significantly impact your case. However, it's essential to work with a local attorney to present this evidence correctly in court. They can guide you through the legal procedures in West Virginia.
Is it possible to get video footage from a camera that didn't record it on your end but the camera company might have itb
Possibly. It depends on the company's policy and legal requirements. Often, a subpoena or court order is necessary. Consult a local attorney to understand your rights and options in West Virginia.