A misdemeanor violation of this section is a mandatory minimum 30 days of county jail up to a maximum of six months in county jail.

Can you go to jail for pointing a gun at someone. Applicable Law Statute Using Carrying or Possessing a Gun in Furtherance of Crime of Violence or Drug Trafficking Crime. Description of Gun Crime. Read about Assault Crimes here Under this statute an accused can be found guilty of simple assault if the government can prove that the defendant attempted to use physical menace to threaten a person with imminent serious bodily injury.

Carrying a concealed weapon a maximum sentence. As a felony you face 16 months 2 or 3 years in state prison along with probable conviction of PC 6269 the Gun-Free School Zone Act. Some states allow for open carry of firearms outside the home with no felo.

That carries up to 3 years in prison and is a strike. For stopping a crime from happening against you. In other states assault is more of a direct threat such as pointing a gun at someone or firing a gun above a crowd.

Dont ever take your gun out of its holster to hold someone at gun point unless the same situation would justify the actual use of the gun. As far as worrying about a law suit going to jail for pulling your gun or being sued for violating civil rights. Take the gun from the criminals wounded hand.

Class B Misdemeanor maximum jail time of 6 months and a maximum fine of 500. As a misdemeanor you face a mandatory minimum jail sentence of 3 months and up to one year in county jail. The maximum penalty for subsequent offences is 5 years.

However in some of our less free states you might face additional charges for merely possessing the firearm. If there was a verbal threat they could file Penal Code section 422 - criminal threats. The physical menace in the case of a simple assault charge would be possessing the gun and the threat of the imminent serious bodily injury would be pointing the gun.