Alcohol dependency is evaluated by substance abuse professionals says Fairfax DUI lawyer

Anger can damage a self defense claim against an assault prosecution, as can running one’s mouth, says Fairfax criminal lawyer

Anger can seriously harm a claim of self defense against an assault conviction. As a Fairfax criminal lawyer, I know that running one’s mouth and not diffusing tension can also work against a self defense claim. A prime example of that came this month with the Virginia Court of Appeals’ affirmance of Matthew Scott Chapman’s conviction for second-degree murder (under Virginia Code § 18.2-32), shooting in the commission of a felony (under Virginia Code § 18.2-53), and use of a firearm in the commission of a felony (under Va. Code § 18.2-53.1 ). Chapman v. Commonwealth of Virginia, Record No. 0514-22-2 (Va. App. Aug. 18. 2023). A jury convicted Chapman of the foregoing felonies against his wife’s recently former boyfriend. The Virginia Court of Appeals enunciates the sum total its reason for affirming Chapman’s conviction as follows:  “A rational juror could infer from the totality of the evidence that Chapman acted out of anger, not fear, thus rejecting his claim of self-defense. Whether the defendant’s alternative ‘hypothesis of innocence is reasonable is itself a [factual question] subject to deferential appellate review.’ Bennett v. Commonwealth, 69 Va. App. 475, 492 (2018)…”

Grabbing a gun to confront a person outside your friend’s home may work against your self defense argument, and be interpreted as acting out of anger

Around two weeks after Chapman started asking people about the complainant, the complainant texted friends: “‘I might go to jail'” and “‘I didn’t start [the drama]. But I will f***ing finish it.’” Chapman. Whether Chapman knew of the foregoing texting before the homicide is unclear. In any event, less than an hour later — while  Chapman was visiting his estranged wife in violation of a court protective order — the complainant drove to the Chapman’s estranged wife’s home and honked. “Chapman insisted that victim was ‘not going to come up in here.’ Knowing that Chapman ‘gets into altercations easily,’ wife implored Chapman, ‘Don’t do this here. Don’t go outside. Please just let me handle it.'” Chapman. Instead, Chapman grabbed his wife’s gun, went outside, fired once and proclaimed “warning shot” and then shot a second time, with the complainant struck in the abdomen. Chapman’s wife went outside and told him to put the gun down. He did so and claimed that the complainant had been choking him.

Beware claiming being choked if the no marks are going to be found on you and if your DNA is not going to be found on the complainant’s body

The police arrived soon after Chapman shot the complainant, and found no marks on Chapman’s neck. The autopsy of the complainant did not find Chapman’s DNA on the complainant’s fingernails. Chapman testified that the complainant ran at Chapman and screamed “‘I got you now, bitch boy. I’m going to f*** you up.'” “Chapman testified that he was ‘petrified’ and that as he backed up to the top of the ramp, victim ‘locked on’ his neck and threw him off the ramp’s handrail onto a trash can. Chapman said that victim then choked him and that when victim reached back for what he thought was a weapon, Chapman ‘[c]losed [his] eyes and pulled the trigger.'” Chapman. Unfortunately for Chapman, his wife’s next door neighbor saw Chapman and the complainant facing off, but no assault of Chapman. Moreover, Chapman’s claim of closing his eyes and still being able to mortally wound the complainant who had allegedly assaulted him could sound fanciful to jurors, who could have concluded that Chapman instead had acted out of anger, after making inquiries of others about the complainant.

Criminal defendants should beware testifying in their own defense

Even completely innocent criminal defendants can bomb on the witness stand, whether from nervousness, fear of public speaking, or clouded memory from the heat of the moment, for instance. The above scenario clearly made it easy for the Virginia Court of Appeals to say that Chapman’s conviction was all a matter for the jury — for instance to conclude that Chapman had shot the complainant out of anger — and that the jury has spoken.

Fairfax criminal lawyer Jonathan Katz sees no jailable prosecution as too big nor small for him to defend, and has successfully defended hundreds of people prosecuted for alleged Virginia DUI, felony and misdemeanor offenses. Call 703-383-1100 for your free initial confidential consultation with Jon Katz about your court-pending case.