Have You Been Charged with Pointing a Gun or Pistol at Another in Georgia?
Crimes related to weapons or dangerous instruments are heavily regulated in Georgia. The laws were formed to protect the citizens of Georgia and convictions for weapon-related offenses are heavily punished. If you or a loved one has been charged with a weapons offense, call our Georgia Pointing a Gun or Pistol at Another Attorneys today. We have over 50 combined years of experience and have someone waiting to answer your call. Find out why we are Georgia's top-rated criminal defense firm.
O.C.G.A. § 16-11-102
Under O.C.G.A. §16-11-102, it is illegal to intentionally and without legal justification point or aim a gun or pistol at another. It is immaterial whether the gun or pistol is loaded or unloaded.
Georgia Case Law
A suspect was convicted of pointing a gun at another in the case of Taylor v. State. The evidence presented showed that Taylor was driving in heavy traffic when he became angry at how another person, Sullins, was driving. After exchanging words and gestures, Taylor pulled his pistol and pointed it at Sullins. Sullins was unarmed and turned into his workplace as Taylor continued down the road. During the trial, Taylor argued that there was insufficient evidence to support his conviction because he was legally justified to point his weapon. The Court disagreed with Taylor's argument and found that there was enough evidence to convict him of pointing a pistol at another. 276 Ga. App. 424, (2005).
Pointing a gun or pistol at another may lead to being charged with another crime. In the case of Savage v. State, the defendant pointed a firearm at the victim. However, the Court charged the defendant with aggravated assault instead of pointing a gun at another because the victim was placed in reasonable apprehension of immediate violent injury. Therefore, the accused went from being charged with the misdemeanor pointing a gun to a felony of aggravated assault. 274 Ga. 692, (2002).
To be convicted of pointing a gun or pistol at another, the prosecutor does not need to show that the suspect intended to fire the gun, just that he or she intentionally pointed the gun at another person. For instance, let us assume a homeowner is upset with UPS for not dropping off their mail in time, so they pointed a gun at the mailman. The owner of the home does not intend to shoot the mailman or even fire the gun. They just want to scare them. In this situation, the homeowner would be guilty of pointing a gun at another under O.C.G.A. §16-11-102.
The Penalty for Pointing a Gun or Pistol at Another in Georgia
If convicted of pointing a gun or pistol at another in Georgia, the defendant will be charged with a misdemeanor. Misdemeanor punishments include fines up to $1,000, jail time up to one year, or both.
Even though the punishment may not seem as severe as other crimes, you still need an experienced Georgia Pointing a Gun at Another Attorney. Having a misdemeanor on your record will have an impact on your life.
Defenses to Pointing a Gun at Another in Georgia
Legal Justification: If you pointed a gun at another in self-defense or had another reason that would legally justify it, then you may be acquitted of the charges.
It was unintentional: Pointing a gun at another requires that the pointing is intentional. If it was accidental, that maybe a defense. However, it can be difficult to prove that it was an accident. That is where our pointing a gun lawyers in Georgia can help you!
There are a plethora of Georgia Criminal Defenses our attorneys will investigate to see which ones apply to your case. Do not think that you do not have options! There are always arguments we can use to reduce or negate guilt. However, you must call now to ensure you receive the best defense. It takes time to review your case, interview witnesses, and comb through all the evidence.
Contact Us Now
Weapons related charges in Georgia are not to be taken lightly. We can assure you that we care about your case just as much as you do and we will do everything we can to fight the charges! Our firm is just as experienced with trying cases as we are negotiating out of court. We guarantee you will receive one of a kind representation when you partner with us. Call now and see how our Georgia Weapons Attorneys will make a difference in your case.