Aggravated Assault

[smutlydog]

What is the name of your state (only U.S. law)? Texas

If someone points a gun with no ammunition in it at police officers is that considered aggravated assault? Actually the pistol had a missing piece which would have rendered it useless anyway.

An old friend is in jail and his father is worried.

 

[Curt581]

What is the name of your state (only U.S. law)? Texas

If someone points a gun with no ammunition in it at police officers is that considered aggravated assault? Actually the pistol had a missing piece which would have rendered it useless anyway.

An old friend is in jail and his father is worried.

No one having a gun pointed at them has any way of knowing whether or not it is unloaded, or if it's somehow non-functional. Pointing a gun at police is foolhardy to the absolute extreme. Yes, is aggravated assault. Based on the scant information you posted, the officers would have been justified in shooting him.

Worried? His father should be relieved that his son is still alive. He should be thanking the police for their restraint.

 

[smutlydog]

No one having a gun pointed at them has any way of knowing whether or not it is unloaded, or if it's somehow non-functional. Pointing a gun at police is foolhardy to the absolute extreme. Yes, is aggravated assault. Based on the scant information you posted, the officers would have been justified in shooting him.

Worried? His father should be relieved that his son is still alive. He should be thanking the police for their restraint.

thanks
It was a high speed chase. Is waving a gun the same thing as pointing it. I really don't have the details but I am thinking it would be difficult to point a gun at a car that's following you.

 

[Curt581]

It was a high speed chase. Is waving a gun the same thing as pointing it.

Oh, that's totally different. That changes evrything.

 

[smutlydog]

Oh, that's totally different. That changes evrything.

I know it was kind of a dumb question. I am just spliting hairs here. Like with drug cases do you think it's possible that he might be able to plead down to a lessor crime? I am trying to give his father some kind of hope.

thanks

 

[Curt581]

I am just spliting hairs here. Like with drug cases do you think it's possible that he might be able to plead down to a lessor crime?

It's possible, but unlikely. More likely is a deal to a reduced sentence.

However, don't expect him to walk away with nothing but probation. Fleeing from an officer and aggravated assault on an officer with a firearm are serious charges. He should expect a few years in prison with several more on parole or extended supervision.

If the son doesn't already have an attorney, he should get one. Like, yesterday.

 

[CavemanLawyer]

That would actually be aggravated assault with a deadly weapon of a public servant, which is a first degree felony. If you make a threat and use or exhibit a deadly weapon when you do it than that is agg. assault. Pointing a gun at someone can constitute both the threat and the display of the weapon. I think even flailing the gun outside the window of your car as you evade the police would be a pretty clear threat even if you aren't pointing it at anyone, because what is the point doing that? The point is to show the officers that you are armed. Any officer, or non-officer for that matter, is going to find that threatening.

A firearm is a per se deadly weapon no matter how you use it. There is ample caselaw holding that it doesn't matter whether the firearm is unloaded or even broken to the point of being useless. If the thing was made to be a firearm than it meets the statutory definition regardless of whether it is capable of firing anything at the present time.