Scenario: Driver A, with passenger, runs a red light and causes a collision with Driver B, also with a passenger. Driver A then attempts to switch positions with the passenger and flee the scene.
Passenger of Driver B’s vehicle gives foot chase and is confronted by Driver A. When Driver A makes an aggressive gesture, passenger of other vehicle produces a gun (legally owned and lisenced to carry).
Passenger of Driver B’s vehicle arrested/charged with felony firearm/felonious assault, two counts (for both Driver A and passenger).
Passenger of vehicle B claims “self-defense.” There is then a plea deal for attempted felonious assault.
Are these charges correct? Should they not be “brandishing” (misdemeanor) or “assault” (misdemeanor)?
State law gives a mandatory sentence of two years (due to weapon being produced) if found guilty and additional time for other charges. Is this correct? Complainants were not struck with the weapon. They claim “fear of harm” but committed a felony by fleeing and the attempted assault on passenger of Vehicle B. Anyone?