If you are a gun owner, you know how important it is to handle it safely. You and others could get hurt if it lands in the wrong hands or is wrongly used. This leads to the question, is it illegal to point a gun at someone, even when it is not loaded?
Is Pointing a Firearm Considered Assault?
Thanks to gun rights, you can own a firearm, but you must watch where you point it. If you aim it at another person, you will commit a crime under the state laws. You may have done it intending to shoot or not, even jokingly, but whether you meant to fire or not, it is still illegal. Such an offense falls under Class A1 misdemeanor, so you may be found guilty. The prosecutor could present a solid case that you intended to harm whoever you were pointing the gun at, leaving you facing assault charges or, depending on the circumstance, attempted murder.
What Are the Penalties for Pointing a Gun at Someone?
The penalties related to pointing a firearm at someone vary based on the details of the case and the state where you were charged. If the conviction is only about aiming the gun at another, it is considered a misdemeanor, where you face 150–364 days in jail or a fine of up to $2,000 or even both. The punishment is given regardless of the intent behind it or whether the gun was loaded. Unfortunately, if convicted of attempted murder or committing assault or battery with a gun, it will be recognized as a category B crime, for which the penalties are harsher.
Defenses for the Crime of Pointing a Gun
Even as a misdemeanor, finding the right legal representation is crucial because you need a strong defense. If you pointed the gun at someone else to defend yourself, you have a valid defense. It is not illegal to point a gun at someone in self-defense because the court will find it an attempt to protect yourself or other people.
Another defense your attorneys may use is to state that you didn’t aim the gun at any person, and anyone claiming that is mistaken. Hopefully, a surveillance tape will prove that. You may also be considered innocent if you state that you only used a replica, not an actual firearm.
Depending on the dynamics and circumstances surrounding your case, you can always have your gun rights in Minnesota restored with the help of your criminal defense lawyer.
Let an Experienced Criminal Defense Attorney Represent You
If you or someone you know needs a criminal defense attorney in Minneapolis to present a solid case for them, consult Lynne Torgerson. You will have a strong case, thanks to her years of experience with gun-related crimes.