Must have been one of those sanctuary dog's :rolleyes:
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Must have been one of those sanctuary dog's :rolleyes:
Reckless Endangering another person is an misdemeanor 2 and is not likely to affect someone's right to own or purchase firearms but the LTCF is another story.The charge will require you to be fingerprinted and it will be on your criminal record. Without knowing all the details no one can say how the police are justifying that charge. I don't know grading or the elements of the local ordinance in question therefore that is undetermined. Some of the details that may help or hurt your case are the size and kind of dog, how close it was to you and your family, how was it acting aggressively, and were there other witnesses other then your family. However your probably better discussing the aforementioned facts with an attorney.
The some questions about your post I have is how did the police find out?
Secondly you posted;
If I used my firearm in a self defense situation and the police indicated that I was likely to be charged I don't think I would have "forgotten" to discuss this incident with my attorney if I would have made contact with an attorney anticipating charges. Then again that is just me.Quote:
I do have a lawyer, but I did not remember to ask him this today
If this law is still current here is the section to take to your lawyer.
Pennsylvania Statutes Title 3 P.S. Agriculture § 459-501 § 459-501. Killing dogs; dogs as nuisances
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(a) Legal to kill certain dogs.--Any person may kill any dog which he sees in the act of pursuing or wounding or killing any domestic animal, wounding or killing other dogs, cats or household pets, or pursuing, wounding or attacking human beings, whether or not such a dog bears the license tag required by the provisions of this act. There shall be no liability on such persons in damages or otherwise for such killing.
(b) Private nuisance.--Any dog that enters any field or enclosure where domestic animals are confined, provided that the enclosure is adequate for the purpose intended, shall constitute a private nuisance, and the owner or tenant of such field, or their agent or servant, may detain such dog and turn it over to the local police authority or State dog warden or employee of the department. While so detained, the dog shall be treated in a humane manner.
(c) Licensed dogs not included.--Licensed dogs, when accompanied by their owner or handler, shall not be included under the provisions of this section unless caught in the act of pursuing, wounding or killing any domestic animal, wounding or killing any dogs, cats or household pets, or pursuing, wounding or attacking human beings.
IMO you don't need to be bitten before defending yourself or your children. IANAL
And I have a brother who has an M2 for reckless endangerment on his record and he has his LTCF.
the OP taken at face value.. there should be no charges.. in fact one could go after the owner for cost of ammo and emotional distress
Get an adjournment based on the reason your attorney was not having your full interests at the time !
I have to agree with the rest of the thread. You need a new lawyer. This doesn't seem like an impossible case and the fact that he's willing to take a plea to speed it along and get paid is concerning.