According to the Second Amendment, persons over the age of 18 without any previous convictions are allowed to carry a firearm for self defense. However, there is often a very fine line between using a gun for protection and displaying a weapon with intent to assault someone. As this debate has been particularly heated in recent months, these cases are often seen by experienced criminal defense lawyers in Michigan. However, in many instances, the jury is divided over firearm issues. A recent example is that of a road rage shooting case that left the jury deadlocked, resulting in a mistrial.
While stopped at a traffic light in Farmington Hills, pizza delivery man Carl Mintz, 28, was approached by two outraged persons. Allegedly Faith Said, 20, and another man were driving behind Mintz, and were angry that he had been hitting his brakes frequently. According to testimony, Said spit on him and threatened him during the altercation. Believing that she was reaching for a weapon, Mintz grabbed his gun and shot her in the elbow. Even though he was legally permitted to possess the gun, Mintz was still arrested and charged with assault charges in Michigan, a ten year felony.
The jury deliberated this case for several days before determining a mistrial–according to The Detroit Free Press, nine jurors wanted to acquit Mintz believing that the prosecution failed to prove its case. However, three jurors disagreed leaving them at a deadlock.
As a result, it is likely that a plea bargain will be reached rather than retrying the case. The charges against Mintz may be reduced to a misdemeanor count of reckless discharge with a firearm. Once released on bond, Mintz will be required to wear a tether until his next court date in mid-October.
This case shows how fine the line is between personal protection and unlawful firearm use, and how divided people are over it. Although a majority of the jury sided with the defense, being accused of assault charges is no laughing matter. Conviction of these offenses will have life-changing consequences almost certainly resulting in jail time. To protect yourself and your personal freedoms, it is essential to contact knowledgeable criminal defense attorneys in Michigan. Doing so quickly is the first step to ensuring you receive the best legal advice and legal representation for your case, sure to keep you at home and not behind bars.
