Even if the gun is not loaded you have committed an assault if you threatened bodily harm in a convincing way.

Is pointing a gun assault. Whether or not the gun is loaded or indeed is a real gun is immaterial. 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. Whether you point a gun a knife or even a closed fist at someone if he or she fears for their safety you may be charged with assault.

Aggravated assault is usually committed with a dangerous weapon. We can make a similar analysis. A second degree charge for unlawful purpose carries a mandatory.

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. This statute is overly broad so also charging you with Aggravated Assault for pointing a firearm may result in charging you twice for the same alleged conduct. 16-11-102 Pointing or Aiming Gun or Pistol at Another a person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another whether the gun or pistol is loaded or unloaded.

21An 82-year-old Whitefish man was jailed last weekend after allegedly pointing a gun at his neighbor and threatening to kill him. This aggravated assault carries a punishment of up to five years in prison. And since a gun is a deadly weapon theyve got you.

Videos have emerged showing a man walking around Portland pointing an assault rifle at people as antifa and far-right groups clashed in the Oregon city. 2C12-1b4 it may be inappropriate to also charge you with unlawful purpose. Aggravated assault is a specific type of assault that occurs when someone commits assault and actually intends to cause serious bodily harm or succeeds in causing serious bodily harm.

You believe whole heartedly that youve only committed a misdemeanor. If you point a gun at them and they have a reasonable belief that you mean to do them harm then yes youve committed assault. The criminal statute regarding pointing a gun does not differentiate between whether the gun was pointed in fun or otherwise or whether the gun.