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  1. #1
    Littleboot
    Guest

    Threatening a police officer

    Is this a felony? I know someone who has said to the police,"You want a piece of me?" and the police maced him.He was drunk at his house saying mean things to his wife and she called the police. Now he is in jail for threatening a police officer. Plus he has just had a dui a month before. He also had a DUI 10 years ago. If he gets another felony will he get the 3 strikes your out? This is my brother inlaw.

    [This message has been edited by Littleboot (edited 05-10-2001).]

  2. #2
    Niteshift
    Guest
    Threatening a cop may or may not be a felony in your state (you didn't tell us what state you're in), but it was a dumb thing to do and probably would have gotten him sprayed in a lot of places.

    However, either your brother in law isn't telling you everything or he's exaggeratting. I can't think of a single state that a DUI is a felony. A second DUI might be in some states, but pretty rare. So I'm not sure where he's getting 3 felonies from.

    ------------------
    Niteshift-
    Perseverate In Pugna

  3. #3
    Littleboot
    Guest
    Originally posted by Niteshift:
    Threatening a cop may or may not be a felony in your state (you didn't tell us what state you're in), but it was a dumb thing to do and probably would have gotten him sprayed in a lot of places.

    However, either your brother in law isn't telling you everything or he's exaggeratting. I can't think of a single state that a DUI is a felony. A second DUI might be in some states, but pretty rare. So I'm not sure where he's getting 3 felonies from.

    Hi, Thank you for your reply. No I was just thinking that a Dui was a felony. I didn't know. Never had one and never will. Well, I wonder what is going to happen to him now. How long do you think they will keep him in jail? by the way I live in California. He is an alcoholic and he was very drunk when this happend. I would also like to know something else. My sister has 2 kids and has called the police on her husband numerous times. The police told my sister yesterday that if she didn't change things, that they would. I wonder what they meant. Would they take her kids away? She doesn't have anyplace to go. She's not even working. I can't take her in. I have my own family. There is not enough room in my home.

  4. #4
    Niteshift
    Guest
    Well, we have plenty of Cali officers on here that can probably give you a more direct answer.

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    Niteshift-
    Perseverate In Pugna

  5. #5
    Glockarmorer
    Guest
    From the South Carolina Code Of Laws...

    SECTION 16-3-1040. Threatening life, person or family of public official or public employee; punishment.

    (A) It is unlawful for a person knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of his immediate family if the threat is directly related to the public official's, teacher's, or principal's professional responsibilities.

    (B) It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family if the threat is directly related to the public employee's official responsibilities.

    (C) A person who violates the provisions of subsection (A), upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

    (D) A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.

    (E) For purposes of this section:

    (1) "Public official"; means an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.

    (2) "Public employee" means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a "public employee" does not include a teacher or principal of an elementary or secondary school.

    (3) "Immediate family" means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, principal, or public employee.
    G.A.


    ------------------
    No cops, know anarchy.

    "He aint finna come all up in my house and act a fool and be gettin away with it cause I will go smooth off." -Movista

  6. #6
    Katiedoc
    Guest
    Littleboot,
    If your sister is knowingly allowing her children to be in an unsafe place(her home) they may call in CPS. Has she called a battered women's hotline? They can assist her and her kids to find a safer place to stay. Is she ready to leave him? Does she have a church that maybe able to help her out?

    If the court becomes involved she may be forced to make a descision, I hope she can get help before that happens. I worked with families teetering on the edge and I know it's hard to leave a bad situation, especially when you don't have a place to go.


    Please write me if I can be of any help,Littleboot.

    KateD

  7. #7
    Don
    Guest
    Littleboot,

    From the information you gave us, it would be impossible to say what the officer had in mind here. It is possible that he could get CPS involved if there is a danger to the kids, or if there is neglect.

    You say your sister has no place to go. Now I don't know where in California you live, but almost every place has a shelter for battered spouses. It may not be wonderful, but it is someplace she and the kids can go for safety. The officer who was on scene would know about this.

    She can contact the district attorney's office and speak with the "victim's advocate" to get more information.

    To get back to your original post, it is probably a misdemeanor. FWIW, spraying the guy was probably the best way to handle that. It beats the hell out of "breaking him up" to get him in the cuffs.

    ------------------
    "I'm just a "senior teen-ager!"
    6P1 (retired)

    [This message has been edited by Don (edited 05-10-2001).]

  8. #8
    Tackleberry
    Guest

    We just had a case not too long ago which was similar to the one described. A man was being arrested for a domestic and he stated to the officers "If I had a gun right now I'd shoot all of you!". He was then charged with terroristic threats an M1 charge. It went to court and the judge threw the charge out saying the man only meant it if he actually had the gun at the time. Gimme a break!


    Tac
    1*

  9. #9
    RPD Explorer
    Guest
    It's the same way here. If a person says "If I had a gun" or "if this" or "if that," it dosn't count as a threat.

    Mike

  10. #10
    tcsd1236
    Guest
    In NY, a repeat DUI within 10 years is a felony.

  11. #11
    Niteshift
    Guest
    But his first one wouldn't be, right?

    ------------------
    Niteshift-
    Perseverate In Pugna

  12. #12
    John from Maryland
    Guest
    Maryland requires an immediate ability to carry out a threat as well. The "if I had" clause tends to be a value reduction statement. The subject is effectively stating that he is not a threat because a condition is not met. While you should not let your guard down, the subject is probably blowing smoke.

    You've all heard it: if I didn't have these cuffs on, if you didn't have that gun, if you weren't wearing that badge, etc.

  13. #13
    Underdog
    Guest
    It can be a felony under California law or a misdemeanor. This largely depends on the specifics of the offense and whether the DA decides to prosecute it as a felony. The felony charge is section 69 of the California Penal Code. The misdemeanor charge is section 148 of the California Penal Code.

  14. #14
    DA POPO
    Guest
    DV(domestic violence) calls are a pain...usually because you know it won't be the last time you go there. Unfortunately, even when one party is arrested the problem does not go away. I've gone to one house at least 10 times(not kidding) and have arrested both wife and husb...later the cases were dropped by DA....very frustrating.
    I got to the point that I promised them that each time I came out someone was going to jail.

    I've kept my promise but it was easy because
    they always had warrants. The sad part was that they had 3 young girls. The last time I arrested the female, I threatened to take her kids to CPS.

    Moral of the story...sometimes threats work but most of the time You get called on it and You better back it up.

    da popo

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    C3-2-C7

  15. #15
    Sig220Man
    Guest
    Originally posted by Littleboot:
    The police told my sister yesterday that if she didn't change things, that they would. I wonder what they meant. Would they take her kids away?
    In addition to what others have posted about possibly having Child Protective Services removing the children from an "abusive home," what they are likely talking about is proceeding with prosecution with or without your sister's cooperation.

    In most crimes, the saying "No Victim, No Crime" holds true. If you don't have someone who's willing to testify against a defendant, you're not going to convince the DA's office to file charges, much less get a conviction.

    Domestic Violence is one of the few exceptions. Since it is widely recognized that battered spouses are extremely reluctant to testify against even the most abusive partners, CA's Domestic Violence laws make it easier to prosecute without the victim's cooperation.

    As far as your other questions:

    DUI is a felony in CA only if you injure another party as a result, or if you already had 3 other DUI convictions in the last 7 years.

    Depending on what your brother in law said to the officer, he could be charged with a felony. The statement you quoted above would NOT be sufficient for felony filing. Likely, he made a much more overt and credible threat, such as "I know where you live and I'm going to harm you and your family."

    [This message has been edited by Sig220Man (edited 05-11-2001).]

  16. #16
    Sig220Man
    Guest
    Originally posted by Don:
    Now I don't know where in California you live, but almost every place has a shelter for battered spouses...The officer who was on scene would know about this...She can contact the district attorney's office and speak with the "victim's advocate" to get more information.
    Don,

    13701 of the CA Penal Code REQUIRES that peace officers responding to domestic violence calls take certain steps, one of which is to provide written information to the victim on how to get placement in a shelter, among other things.

    If the officers on this call had failed to do this, they opened themselves and their department to civil liability, and possibly even CRIMINAL charges!



    [This message has been edited by Sig220Man (edited 05-11-2001).]

  17. #17
    Littleboot
    Guest
    Hi everyone,

    Thank you all for your information.

    I have told my sister to go to a womens shelter. I even called the womens shelter and got alot of info for her. She is very confused. I don't think she will leave him though. She has said that she can handle his drinking but she hates it when he wakes her up at night. I know that is so stupid. My family and other relatives are sooo tired of all of this.

    Her husband has a lawyer for the DUI last month. The lawyer has pleaded not guilty for him. He is saying that he can't get a Dui on private property. He was at Mcdonolds and someone called the police saying he was very drunk. The police came and asked him to take the blood test and he refused to. He said that when he got to the police station they forced him to take the blood test. His drinking level was at 1.3 (I think my sister said that was the level the Lawyer told her it was at) It was so high that the lawyer said anyone else would of been passed out on the ground. My brother inlaw drinks a case of beer every other NIGHT. I wonder if the judge will look at this incident and the incident a couple of nights ago and throw the book at him. I hope so. He should not get away with driving drunk. Just because he was on private property shouldn't matter. I mean, My children and I could have been walking from our car to go to mcdonold to get a burger and he's driving in the parking lot drunk!, He could have killed us or someone else. I just hope he gets away from our whole family. I feel especially bad for her children. They are already having problems in school and in general. I feel my sister is also to blame not getting her children out of this mess. I told her what she could do but she will not listen to me.




    [This message has been edited by Littleboot (edited 05-11-2001).]

  18. #18
    Sig220Man
    Guest
    Originally posted by Littleboot:
    Her husband has a lawyer for the DUI last month. The lawyer has pleaded not guilty for him. He is saying that he can't get a Dui on private property.
    Your brother-in-law's attorney is incorrect; in CA, you CAN be arrested for DUI on private property.

    The police came and asked him to take the blood test and he refused to. He said that when he got to the police station they forced him to take the blood test. His drinking level was at 1.3 (I think my sister said that was the level the Lawyer told her it was at) It was so high that the lawyer said anyone else would of been passed out on the ground.
    Was his blood alcohol level at 0.13% or 1.3%? The first one, while above the legal limit, is quite common for DUI arrests.

    The second one WILL cause most people to pass out; the only people who can tolerate that much alcohol in their blood are chronic alcoholics.

  19. #19
    Littleboot
    Guest
    Hi,

    I hope your right about getting a DUI even when driving in the parking lot. He needs to learn a lesson for once. I am pretty sure it was the 1.3% because he is a very very bad alcoholic. I never seen anyone drink like he does. He will drink from morning till night. He always wets the bed too. He was told by a doctor that if he doesn't stop drinking, he will be dead in 10 yrs if not sooner. His liver is swollen. He needs serious help.


  20. #20
    KIDCOP
    Guest
    LB, I feel your pain. The only way this guy is going to get help that does any good, is he has to hit bottom and ask for the help. Oh, he can get court orders and the like but that will just be a bandaide. Allot of people who drinks as much as he does, will have to lose every thing before they are ready.
    Your sister might think she can change him, she can't. For the sake of the children, she needs to leave. Some people call it tough love.

    Here in Washington State, to be arrested for DUI, all you have to do is drive in the State of Washington under the influence of intoxicants and or drugs. There is no private property issue here. We have a .08 DUI law. The highest I've gotten went 2.98, almost a 3.0. My last one was a 2.29.
    Best

  21. #21
    Don
    Guest
    California Vehicle Code 23152. (a) It is unlawful for any person who is under the influence
    of any alcoholic beverage or drug, or under the combined influence
    of any alcoholic beverage and drug, to drive a vehicle.
    (b) It is unlawful for any person who has 0.08 percent or more, by
    weight, of alcohol in his or her blood to drive a vehicle.


    You should notice that it says drive a vehiclemaking no reference to whether it is driven on public or private property.

    ------------------
    "I'm just a "senior teen-ager!"
    6P1 (retired)

    [This message has been edited by Don (edited 05-13-2001).]

  22. #22
    Zaw
    Guest
    Originally posted by Littleboot:
    Is this a felony? I know someone who has said to the police,"You want a piece of me?" and the police maced him.He was drunk at his house saying mean things to his wife and she called the police. Now he is in jail for threatening a police officer. Plus he has just had a dui a month before. He also had a DUI 10 years ago. If he gets another felony will he get the 3 strikes your out? This is my brother inlaw.

    [This message has been edited by Littleboot (edited 05-10-2001).]
    I think he's charged with something else. I'm pretty sure Police get threatened with criminal they deal with all the time. If he hit the cop he's gonna get beat down for sure and may be charge for assult. But not verval assults.

  23. #23
    TennDECA
    Guest
    Are you sure you guys don't mean .13%??? Somebody with a BAC of 1.30% would be in a coma or dead. A BAC of .40% is usually considered life threatening.

    In Ohio, illegal BAC is .10%. That, however, is a seperate charge from DUI, which could go as low as .06% depending on the prosecutor. So a person who blows .10% or higher can be charged with 2 seperate offences, just as a person who blows BELOW .10% (ie, .07%) can still be charged with DUI.

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    1*
    Take Care and STAY SAFE!!!

  24. #24
    spurlock
    Guest
    Well, some cops don't take too kindly to being threatened! When we go on a call, we never know what to expect, and since domestic violence calls are the most dangerous for us cops, we have to take care of ourselves! In my opinion, your brother-inlaw got what he was asking for. The state I work in, it's not a felony to threaten a police officer unless, it's during a trial and then it becomes one for intimidating a witness!

  25. #25
    Littleboot
    Guest
    Hi,

    Well, My brother inlaw is out. They let him go and didn't charge him with anything. They kept him in the pokey for almost a week. The lawyer told My brotherinlaw that he better stay low and not drive because his license is suspended. They are trying to appeal it. The lawyer also said that if my sister calls the police again, they will double charge him. They will bring up the last incident.

    He is STILL drinking. He was drunk last night and I tell ya! Him and his drinking has givin everyone a headache.

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