There are many possible reasons why a person might be accused of a crime involving a gun. The most common is self-defense. This defense is only legitimate if the weapon is used to protect oneself against a threat of bodily injury. Taking an offensive action is also a violation of self-defense. Other valid defenses include not brandishing the weapon in a rude or angry manner, or if the person accusing the other party of a crime is lying.
The first step in defending yourself is to determine the exact threat. It must be so serious and immediate that the person would have to die or suffer a grave injury if the person did not draw a gun. The second step is to identify whether you have legal authority to protect yourself. If the other person is armed, the situation is different, and you may be a target for a criminal charge.
While pointing a gun at someone can be a dangerous weapon, it is also a crime. It is an assault if you intend to hurt them or make them feel uncomfortable. This crime is a felony, and is punishable by the law. If you are convicted of a crime involving a gun, you may face several penalties. As you can see, a criminal charge for threatening someone with a gun is serious.
Although criminal threats may occur between people in a relationship, if the threat is not credible, it can still be charged as a crime. The most common defense is to attack the elements of the crime. A threatening language may be a joke, or it could be a threat that cannot be carried out. In addition to a verbal threat, a person can also be accused of criminal threatening if they show the weapon.
Whether a person brandishes a gun is a separate matter. Whether a person brandishes their gun with a hammer or a baseball bat is irrelevant. It is only when the person’s intent is to hurt someone that the crime is a felony. In a few states, a person can be accused of brandishing a gun without knowing it was a weapon.
Under Pennsylvania law, pointing a gun at someone constitutes a crime. The government must prove that the gun was loaded before it can be charged. Furthermore, a person is guilty of brandishing a gun if it is loaded. However, there are other scenarios where a person may be guilty of a criminal charge. A gun was pointed at another person while arguing about team colors. Neither man had the intent to hurt the other person, and the pointing of a gun could result in a conviction.
If there is an actual threat of bodily harm, the person may face a criminal charge of menacing with a gun. However, it is important to note that this type of criminal act is often defined as a misdemeanor. An accused person must serve at least 85 percent of their prison sentence before they are eligible for release. A judge in Indiana has ruled that the mere display of a gun does not constitute a threat to cause harm.
