Minnesota Statutes 60966 Subdivision 1 a 2 intentionally points a gun of any kind capable of injuring or killing a human being and whether loaded or unloaded at or toward another.

Is pointing a gun at someone assault. Under Penal Code 245 a 2 PC California law defines assault with a firearm as assaulting a victim by using a pistol rifle shotgun semiautomatic firearm machine gun 50 BMG rifle or assault weapon. It is an assault where a person threatens to shoot another while pointing a gun even where the victim later learns that the gun was not loaded. 16-11-102 Read this statute closely and certain words stand out.

Aggravated assault is usually committed with a dangerous weapon. But where the defendant points the gun at someone and has every opportunity to shoot but does not do so there should not be a conviction for Aggravated Assault. Examples of Assault With a Firearm.

If you have been charged with a crime and the charges were escalated because you either used a gun during the crime or had a firearm in your possession its important that you get an attorney in your corner right away. Assault by pointing a gun in North Carolina is in itself a misdemeanor criminal charge that occurs when a person intentionally points a gun at another. Neither is pointing a gun at someone who is not aware that a gun is being pointed at him or her.

This also includes other weapons or objects that could be used as weapons. In other words if the defendant had a firearm and pointed or brandished it at someone then the State can prove aggravated assault. Pointing a loaded firearm at someone constitutes this offense regardless of your stated intent to shoot that person since your act could have resulted in the application of force.

Pointing a Gun Defense Many of the aggravated assault and armed robbery cases boil down to evidence such as eyewitness accounts. Pointing a gun at someone is aggravated assault a more serious offense than basic assault. This statute is overly broad so also charging you with Aggravated Assault for pointing a firearm may result in charging you twice.

The assault may take the form of pointing the firearm at the victim striking or pistol-whipping the victim firing the gun at the victim. State the defendant pointed a firearm at the victim. Pointing a gun or pistol at another may lead to being charged with another crime.