Machunk714

From what I remember in my criminal justice classes (Bachelor's degree in CJA) is that there has to be actus reus and mens rea in order to be guilty. If they say the actus reus is proven because the action of touching it, I can easily prove i did not go in attempting to commit a crime (as we know I did not think that was assault or I would not have done it). My one goal of going in there was to get the stuff and leave because we had to go. I was in law enforcement but left the academy. One thing I remember during training was "eyes on hands, protect your weapon, and distance is your friend" I wanted to try law enforcement again after a few years but im rethinking based on how twisted laws work where just because they called first automatically makes me the suspect. I dont know if i feel right taking someone in just because they didnt call first and among other things.

Nothing came of it other than I cannot step in the apartment complex (where the ex-roommate lives) or ill be arrested. Just for my personal info, if it did go to court and such could I claim that I was de-escalating the situation by stepping back, putting my hand up, and turning the body in a way to remove the gun from the fight while they escalated by continuing to approach and surround me?

They were there to help "polish" up the place by mopping and dusting so avoid cleaning fees, I always open carry. Conceal carry just is not my thing and it is hard to get comfortable The lease ended today so the walk through to assess damage was same day She sent money through cash app

Also they did not let us leave unless we paid $200 in case of "damage fees" so my girlfriend sent her $200 and left so we could just be done with the situation. We called the apartment and they said they found nothing and the roommate has not sent the money back. I also see we could charge the mom with maybe false imprisonment and/or simple assault and battery for making movement that put me in fear of injury (we were less than inches apart). anyone specify?

Today my girlfriend was moving out of her apartment so I was helping her. When she was leaving due to an emergency, she went back in to get her final supplies and her roommates mom got in her face and yelled at her causing my girlfriend to run to me. I was open carrying my gun and went in to get the things and go. I walked in and asked if I could have the things so we could leave. The roommate, her mom, her brother and one of their friends charged (between a fast walk and a jog) at me and got into my personal space. I turned my side to protect my gun and covered it with my hand and I used my injured arm (torn rotator cuff) to stick my hand out and tell them to get back. They threatened to call the police saying I threatened them with my firearm by touching it while I was really protecting it and turning away. After tensions settled nothing happened out of it but I was curious if me being outnumbered constituted a threat to the point of "brandishing" as they called it given the 4 to 1 ratio and my injured left side.