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  1. #1
    Join Date
    Nov 2011
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    24

    Default Multiple Counts of Reckless Endangerment for Shooting a BB Gun in a Crowd

    My question involves criminal law for the state of: ALA

    I was at a party and we were all throwing eggs and some people were shooting B B Guns. I have been charged with 21 counts of reckless endangerment and one of criminal mischief.
    How can they charge you 21 times for one shot. I was charged with criminal mischief because they said I missed all 26 people and broke a window in a house.

    In hind-sight I know this was a dumb thing to do and if I had it to do all over again I would not have gone, but I would be thankful for any advice to help me.

    I was assigned a public defender. I spoke with him 10 minutes at the at the first appearance. He does not want to see me again until the trial which scares me a lot because how can you prepare 10 minutes before the trial?

  2. #2
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    Sep 2011
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    OH10
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    Default Re: Multiple Counts of Reckless Endangerment for Shooting a BB Gun in a Crowd

    The PD will likely get it reduced to one count of each, if you plead guilty.

  3. #3
    Join Date
    Nov 2011
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    Default Re: Multiple Counts of Reckless Endangerment for Shooting a BB Gun in a Crowd

    What would the legal definition, one I can use in court, of “substantial risk” be?

    Is a substantial risk is more than a significant risk?

    What I have found online: Section 13A-6-24 Reckless endangerment. (a) A person commits the crime of reckless endangerment if he recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.
    There is a risk that you could injure someones eye with a bb but is is a substantial risk? I have been to many bb gun wars and no one has ever gotten hurt other than a few red whelps.

    I found 2010 U.S. App. LEXIS 12932,*;381 Fed. Appx. 594 DALE MILLER, Plaintiff-Appellant, v. BRUCE FISHER, Lieutenant, et al., Defendants-Appellees. No. 08-1726

    The above information says(maybe) that a SUBSTANTIAL risk is more than a SIGNIFICANT risk. I am not sure if I can use this.

  4. #4
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    Sep 2011
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    OH10
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    Default Re: Multiple Counts of Reckless Endangerment for Shooting a BB Gun in a Crowd

    From experience, I have been hit in the eye area, during a BB gun war. This is why you need to let the PD negotiate. Would you rather have 21 counts of a lesser charge?

  5. #5
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Multiple Counts of Reckless Endangerment for Shooting a BB Gun in a Crowd

    Much to Ralphie's chagrin, you can actually get injured by a BB or pellet.



    Your next court date is your trial date? What court appearances have already been held? Has your lawyer communicated any plea offers to you?

  6. #6
    Join Date
    Jul 2010
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    7,874

    Default Re: Multiple Counts of Reckless Endangerment for Shooting a BB Gun in a Crowd

    Quote Quoting Alex95
    View Post
    How can they charge you 21 times for one shot. I was charged with criminal mischief because they said I missed all 26 people and broke a
    Most likely 1 charge for every person that you endangered by firing the BB gun in their direction. Plenty of people survive getting hit with a bb. It all depends on the power behind the bb, range and what part of the body gets hit. Losing an eye is probably a serious physical injury in the eyes of the court.

  7. #7
    Join Date
    Nov 2011
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    24

    Default Re: Multiple Counts of Reckless Endangerment for Shooting a BB Gun in a Crowd

    I was arrested and went to a first appearance about six hours later. They told me what I was charged with and said more charges are pending. My attorney said he would talk to me before the trial and to give him the names and address of any witnesses I wanted there. That's it, trial is tomorrow. He plead me not-guilty to all charges. I don't know about any plea offers. I called my attorney twice but he has not returned my calls. I know he has not subpoenaed my witnesses or even contacted them. They can't get off work/school without a subpoena, and they are not "friends" so they are not going to do may any favors and just show up. I was told the public defender gets a set rate, and it is not much, so he can't put a lot of time in it.

    I feel like I am alone in this so I am trying to prepare my own defense. The attorney will have to be there but I can't chance him being prepared.

    Yes a BB gun can shoot an eye out, but is it a "substantial risk"?

  8. #8
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Multiple Counts of Reckless Endangerment for Shooting a BB Gun in a Crowd

    "Yes a BB gun can shoot an eye out, but is it a "substantial risk"? ".

    Let me ask you this:
    How would you feel if you had an eye shot out due to someones careless actions? Having to wear either a fake eye or a patch for the rest of your life? Not to mention the gawkers....(I have a friend with a fake eye...he looks fine, but if you photograph him or are close to him, you definitely notice one eye is fake).

    How would you feel if that BB hit you and scarred your face? (Another friend was married to a jerk who shot her in the leg with a BB Gun....left a permanent scar...good thing she is not a model who would have lost jobs and wages over that scar....)

    If you do not feel the public defender is doing a good job for you, then you can retain a Criminal Defense Attorney. Don't prepare your own defense - that is like performing surgery on yourself...

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