Home » Practice Areas » North Carolina Assault Defense Lawyer » Assault by Pointing a Gun in North Carolina
Assault by pointing a gun is defined as pointing a firearm, either loaded or unloaded, at a person. The charge aims to punish the act of pointing a gun at another person, unlike other assault cases. In simple terms, the person does not need to make verbal threats or use force; the charge seeks to penalize individuals who point guns at others. Whether the action was intended or a joke is irrelevant to the charge.
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Whether you’ve been charged with a misdemeanor or felony assault or battery, you should contact an experienced criminal defense attorney as quickly as possible for assistance in avoiding the heavy penalties you’re facing.
Assault by pointing a gun is categorized as a class A1 felony. As mentioned above, this is a severe offense that can easily lead to the defendant’s incarceration for a long time. The weapon may not have been pointed, but the charge holds if it is displayed. If you are accused of pointing a gun at a police officer, the charge becomes a more considerable offense and may be termed aggravated assault. For law purposes, any imitation or false guns like water pistols, airsoft guns, toy guns, bb guns, or pellet guns are considered firearm-like weapons. Any device that might be mistaken for a real gun is considered an imitation firearm. In such cases, the prosecutors must prove that the defendant used the firearm to threaten, intimidate, or frighten a person. The law protects police officers who could feel intimidated by someone holding something that can easily be mistaken for a real gun and respond by firing their firearm in self-defense. Additionally, this offense is sometimes charged with unauthorized possession of a weapon.
Most of these charges are often Class A1 felonies, but when the alleged victim is a law enforcement officer, then you could face additional assault charges. If you are accused of pointing a gun, you might spend up to 18 months in prison and pay a fine. When found guilty, you might receive three to five years imprisonment, and if the case involves a police officer, the conviction has a mandatory minimum prison term. Notably, North Carolina criminal laws forbid the concealment and possession of a gun for unlawful purposes. The charge is a Class 2 felony and may add to your conviction. The crime has a minimum sentence of five to ten years and a criminal record which can be seen during background checks for schools, housing, and jobs.
Criminal defense attorneys can defend you against charges of firearm assault using a variety of tactics. These include:
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Our criminal law attorneys defend clients against felony and misdemeanor charges in North and South Carolina. We understand how intimidating it is to be charged with a crime and face the criminal justice system.
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Do not risk an assault conviction by acting rashly or attempting to resolve your case independently. Act in your best interest by seeking professional legal help from an experienced criminal defense attorney. Dealing with assault charges can be stressful. Having a lawyer by your side can make aspects of your case more manageable and reveal that you have more options than you previously knew.
King Law has the necessary knowledge, experience, and resources to handle your simple assault case. We are a firm of highly-trained legal professionals committed to serving our clients well. We provide various services to our clients that may be able to secure a favorable outcome, like evaluating the details of their case, building a solid defense, questioning the validity of weak evidence, and protecting clients from unethical prosecution practices. Learn more about how our firm can help you by calling (888) 748-5464 or filling out our online contact form.
