Asked in Criminal Law for Alabama

Q: DV 3RD I GOT MY GUN AND LOADED IT CAUSE SHE CALLED HER DAD BUT I NEVER THREATENED HIM JUST PROTECTION IS IT MENACING

Me and my wife had Been arquing She called her dad because he was gonna make me leave my home and I went got my gun loaded it and had it ready to protect my self in my pocket but he never showed up they arrested me and charged me with DV 3rd menacing as my wife as the victim. I never made any threats or anything she told the cops that I cocked and loaded the gun and said I'd be here waiting on Mr howard to show up which is her dad. The reason I got the gun is because he is convicted murderer and convicted for shooting into occupied vehicle. Is there a way to get this threw out of court I didn't menacing im he never got there till after the cops arrived and to note I was at my own home where me and my wife live

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1 Lawyer Answer
William C. White II
William C. White II
Answered
  • Criminal Law Lawyer
  • Birmingham, AL
  • Licensed in Alabama

A: Based on the facts you presented, it sounds like you have a good defense to a menacing charge if you never pointed the loaded weapon at anyone, or threatened anyone with it.

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