Pointing a gun at someone is “aggravated assault,” a more serious offense than basic assault. | Privacy Policy All Rights Reserved. "telephone": "(941) 405-5193" In short, NRS 202.290 prohibits intentionally aiming a gun at a person or firing one in a place where people may get hurt. Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. "addressLocality": "Tampa", "Tuesday", Often in criminal law, why you do something matters just as much (if not more) than what you do. Get a Free Consultation Call Us - Available 24/7. This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case. And while using a gun in an act of unjustified violence is of course illegal and can send you to prison for many years, there are many ways in which using a gun without actually firing it can land you behind bars in Oklahoma just the same. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", Someone convicted of several charges may receive a harsh sentence for one crime and a lesser sentence for another. "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. However, when CS/SB 228 became law in 2016, the legislatures changed this policy, deleting aggravated assault from the list of convictions which carry a minimum term of imprisonment. You can only threaten to use your gun in defense of life. For self-defense to hold up in court, we would have to prove: Other defenses we can use to defeat charges of aggravated assault include the following: In cases where avoiding a conviction is unlikely, we may be able to negotiate with the prosecutor and get the charges reduced to a lesser offense, such as the improper exhibition of a dangerous weapon or firearm (a first-degree misdemeanor under Florida Statute § 790.10) or discharging firearms in public (also a first-degree misdemeanor under Florida Statute § 790.15). If you have been charged with a violent crime in Florida, call the defense lawyers at Goldman Wetzel in St. Petersburg at 727-828-3900 for assistance. At the time, Natore had a "no contact" order against Klingseisen. However in early 2017 they began to disappear from gun shops. Michigan law also makes it illegal to possess firearms in certain locations, whether individuals are brandishing, aiming, or pointing a firearm, or simply carrying it. "@type": "LegalService", Your future and freedom are on the line. The Hi-Point handgun was a common firearm in Illinois due to its affordability. Klingseisen testified in a Lancaster County court that he felt "extremely threatened" when Kirchner made the gun gesture. "address": [ So, focus, think rationally, know your state’s law, and be careful out there. (727) 828-3900, 3030 N. Rocky Point Dr #150 It is considered illegal brandishing of a weapon, which is usually a misdemeanor. It is a crime to threaten someone with physical harm if you seem to have the means and intent to … For police to even aim a taser at someone legally, they have to show there was no lesser action they could have taken. A Pennsylvania appeals court on Tuesday ruled against a man who pointed his finger in the shape of a gun, saying that the act amounts to a criminal offense. Enlist the help of the qualified attorneys at Goldman Wetzel to fight your case. What few studies exist on defensive gun use indicate that far, far more instances of DGU involve only the drawing of a weapon than the firing of one. The punishment is stiffer if you were previously convicted of certain other crimes, including any felony involving the use or possession of a gun. / CBS News. So figuring out whether just pointing a gun at a trespasser is a crime can depend on a variety of factors, including how your state criminal statutes are worded, whether the trespasser was in your home or merely on your property, whether you reasonably fear great bodily … This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case. } "postalCode": "34250", "@context": "http://www.schema.org", "addressLocality": "St. Petersburg", One way is in simply pointing a gun at another person. "Sunday" ", "Despite Natore's no-contact order against Klingseisen and the ongoing rift between them, Kirchner, while accompanying Natore, approached Klingseisen in his own backyard, created a gun-like hand gesture, pointed it at Klingseisen, and made a recoil motion as if to suggest he had shot him," the appeals court ruled. Kirchner appealed the verdict, arguing that the evidence presented at trial was did not establish that making a hand gesture in the form of a gun creates a hazardous or physically offensive condition. McCloskey Couple, Who Waved Guns At St. Louis Protesters, To Speak At RNC : Updates: The Fight Against Racial Injustice Attorneys for Mark and … }, "It's not clear if the guns were loaded. There's a video going around of a couple pointing a rifle and a pistol at BLM protestors (and eachother). "addressRegion": "FL", "Monday", The same may occur under a plea bargain. Minnesota law also addresses the illegal use or handling of guns and other dangerous weapons, including: handling a gun recklessly, in a way that endangers someone else; intentionally pointing a loaded or unloaded gun at someone The maximum penalty for subsequent offences is 5 years. Another neighbor who witnessed the gesture testified that she felt "insecure" after seeing it and called 911. But that’s not exactly true, in fact it is only partially correct. Battery means touching, striking, or otherwise causing physical harm, whereas assault is only the threat of harm. ", { Basic assault is a second-degree misdemeanor. The gesture was caught on Klingseisen's surveillance cameras, which he had installed due to ongoing confrontations with Natore. "Friday", It is aggravated assault either way. (1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who: (a) Aims any firearm, whether loaded or not, at or towards any human being; (b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. ", First published on August 30, 2019 / 2:16 PM. "openingHoursSpecification": { 915 1st Ave N, "opens": "00:00", "sameAs": [ Tampa, FL, 33607 Read on for answers to some of the top questions regarding North Carolina gun … In the UK using any weapon offensively is illegal unless you have a damn good reason. Now although pointing a gun at someone is a simple assault under PA law, it is generally agreed that a defendant may only place the alleged victim in danger of death or serious bodily injury if the government can prove that the gun was loaded. Carrying a concealed weapon – a maximum sentence of six months plus a … It is a misdemeanor punishable by a minimum of three months in county jail and a fine of up to $1,000. Oftentimes, people charged with aggravated assault have very valid reasons for drawing their weapon that they may be able use as a defense in court. A Pennsylvania man broke the law when he pretended to point a gun at his neighbor, using his thumb and index finger to create the shape of the weapon, an appeals court has ruled. "https://www.goldmanwetzel.com", Pointing a gun at someone is a felony crime in Florida, punishable by imprisonment and fines. TITLE 21 § 1280.1 Possession of a … If these "sketchy characters" point a gun at you or otherwise indicate that they are going to kill or injure you, then you can pull a gun on them. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. This means that if someone … It’s a misdemeanor in Georgia to: point a loaded or unloaded gun at someone intentionally and without a legal justification }, Aiming or discharging firearms, dangerous weapons. In some states it’s a Misdemeanor crime and in others a Felony. Pointing a gun at someone is a felony crime in Florida, punishable by imprisonment and fines. Senate Bill 224 would require someone who displays or pulls a gun to aim that weapon at the person — or otherwise use it “in a threatening manner” — … By Ephrat Livni, Esq. Florida Statute § 784.011 defines assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”. Send us a Secure Message to Book Your Free, No-Obligation Consultation Now. }, Bradenton, ], I'd like a word with this witness - lol. "url": "https://www.goldmanwetzel.com", It’s a felony to point a gun at someone, even in a class on guns Now these comments went on for a long while, and I will not comment as to their meaning or accuracy. Other arrests: Also arrested for allegedly possessing an illegal gun was Yandel Gonzalez-Rodriguez, 19, of York, who police said pointed the gun at someone during an altercation in … "telephone": "(813) 391-8051" As an example, we identified one individual currently in prison whose most serious conviction is for carrying a pistol without a permit (CGS § 29-35) but he has a total of 14 convictions. The incident occurred in June 2018 and involved neighbors with a history of bad blood. Don’t get me wrong, in this case, this guy made some mistakes, and fortunately, no-one was hurt. Pointing a firearm – pointing a firearm at another person carries a maximum sentence of six months plus a $5,000 fine to five years in prison. NO, IT IS NOT LEGAL. 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