{ 915 1st Ave N, "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", "telephone": "(941) 405-5193" "@type": "LegalService", This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case. In some states it’s a Misdemeanor crime and in others a Felony. Everything is now officially stupid. Charged with a Serious Offense? { Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. It is a misdemeanor punishable by a minimum of three months in county jail and a fine of up to $1,000. TITLE 21 § 1280.1 Possession of a … ", © 2019 CBS Interactive Inc. All Rights Reserved. By Ephrat Livni, Esq. Battery means touching, striking, or otherwise causing physical harm, whereas assault is only the threat of harm. For instance, if you drew a gun on someone as an act of self-defense, we can explain your story to the court and present evidence to support your case. "addressRegion": "FL", Klingseisen testified in a Lancaster County court that he felt "extremely threatened" when Kirchner made the gun gesture. "dayOfWeek": [ Many defensive uses of a gun go unreported and consist of a threatening person being alerted to the … We can review the facts of the case, explain in no-nonsense terms exactly what you are up against, and help devise a defense strategy for your case. Stephen Kirchner was convicted of disorderly conduct last fall, but appealed the decision. However in early 2017 they began to disappear from gun shops. } "addressRegion": "FL", The crime can actually be committed in some states by not even pointing a firearm at someone. Bradenton, You were wrongly accused, e.g., the alleged victim is lying or has mistaken you for someone else. It is illegal in Canada to point a firearm at someone. Another neighbor who witnessed the gesture testified that she felt "insecure" after seeing it and called 911. / CBS News. FL 34250 This means that if someone … Couple pointing guns at protesters unlikely to face charges, law professor says ... "The end result might be a there was technically illegal behavior on … "@context": "http://www.schema.org", The punishment is stiffer if you were previously convicted of certain other crimes, including any felony involving the use or possession of a gun. A Pennsylvania appeals court on Tuesday ruled against a man who pointed his finger in the shape of a gun, saying that the act amounts to a criminal offense. Example: Mike and Ben are horsing around at a Las Vegas firearm store. "addressCountry": "United States", }, ", "Despite Natore's no-contact order against Klingseisen and the ongoing rift between them, Kirchner, while accompanying Natore, approached Klingseisen in his own backyard, created a gun-like hand gesture, pointed it at Klingseisen, and made a recoil motion as if to suggest he had shot him," the appeals court ruled. In many cases, the factors leading up to aggravated assault charges are accidental, unintentional, or misrepresented by the alleged victim. As an example, we identified one individual currently in prison whose most serious conviction is for carrying a pistol without a permit (CGS § 29-35) but he has a total of 14 convictions. "@type": "OpeningHoursSpecification", As Communications Director for the Minnesota Gun Owners Political Action Committee, John was instrumental in passing Minnesota’s landmark concealed carry permit law. For instance, under MCL §750.234d, individuals may not possess firearms in the following locations: Kirchner appealed the verdict, arguing that the evidence presented at trial was did not establish that making a hand gesture in the form of a gun creates a hazardous or physically offensive condition. "https://www.goldmanwetzel.com", Other arrests: Also arrested for allegedly possessing an illegal gun was Yandel Gonzalez-Rodriguez, 19, of York, who police said pointed the gun at someone during an altercation in … For self-defense to hold up in court, we would have to prove: Other defenses we can use to defeat charges of aggravated assault include the following: In cases where avoiding a conviction is unlikely, we may be able to negotiate with the prosecutor and get the charges reduced to a lesser offense, such as the improper exhibition of a dangerous weapon or firearm (a first-degree misdemeanor under Florida Statute § 790.10) or discharging firearms in public (also a first-degree misdemeanor under Florida Statute § 790.15). But using a gun in a “threatening” or “angry” manner is still illegal in Missouri, as it is in nearly every state, and could be charged as an “unlawful use of a weapon.” That’s where things get more complicated, though, because the statute in Missouri that prohibits brandishing points to the state’s self-defense laws as exceptions. Confidential. At the time, Natore had a "no contact" order against Klingseisen. Don’t get me wrong, in this case, this guy made some mistakes, and fortunately, no-one was hurt. It is a crime to threaten someone with physical harm if you seem to have the means and intent to … It is considered illegal brandishing of a weapon, which is usually a misdemeanor. "It's not clear if the guns were loaded. Now although pointing a gun at someone is a simple assault under PA law, it is generally agreed that a defendant may only place the alleged victim in danger of death or serious bodily injury if the government can prove that the gun was loaded. FL 33705 "addressLocality": "St. Petersburg", "Wednesday", Someone convicted of several charges may receive a harsh sentence for one crime and a lesser sentence for another. Illegal Use of Weapons. ... in addition to a gun for home defense you should have a six foot hole somewhere in the yard now. "streetAddress": "915 1st Ave N", All Rights Reserved. August 30, 2019 / 2:16 PM The incident occurred in June 2018 and involved neighbors with a history of bad blood. "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", If you are undocumented or on a visitor visa and you are convicted, you can also be deported. Senate Bill 224 would require someone who displays or pulls a gun to aim that weapon at the person — or otherwise use it “in a threatening manner” — … McCloskey Couple, Who Waved Guns At St. Louis Protesters, To Speak At RNC : Updates: The Fight Against Racial Injustice Attorneys for Mark and … "description": "Goldman Wetzel is a criminal defense trial firm practicing in the Tampa Bay area, including Hernando, Hillsborough, Manatee, Pasco, Pinellas, Polk and Sarasota counties. Therefore, he argued, the evidence is insufficient to support the disorderly conduct charge. level 1. Claim: A video shows two people waving guns at protesters in front of their home. But that’s not exactly true, in fact it is only partially correct. "postalCode": "34250", (727) 828-3900, 3030 N. Rocky Point Dr #150 When the assault involves a deadly weapon like a gun, the offense is elevated to a third-degree felony. Apparently finger guns are a no-no for adults too and are even criminal. "Thursday", "telephone": "(727) 828-3900" Easy. "image": "https://www.goldmanwetzel.com/wp-content/uploads/2016/09/banner.jpg", There's a video going around of a couple pointing a rifle and a pistol at BLM protestors (and eachother). Get a Free Consultation Call Us - Available 24/7. At the same time, pointing a gun at someone can be considered assault, defined as a threat that puts someone in fear of imminent harm. Florida Statute § 784.021 defines aggravated assault as “an assault with a deadly weapon without intent to kill or with an intent to commit a felony.”. Get a Free Case Evaluation Florida Statute § 784.011 defines assault as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.”. However, the Pennsylvania state appeals court ruled this week that "given the history of the parties involved," making the gesture did amount to disorderly conduct because it created a "hazardous condition ... involving danger or risk," including "the risk of an altercation. You can only threaten to use your gun in defense of life. He also argued that his hand gesture could never be mistaken for an actual firearm, so it was no worse than any other hand gesture. "sameAs": [ Tampa, FL, 33607 "openingHoursSpecification": { With compassion and confidence, they zealously represent their clients. Kirchner admitted to making the gun gesture, but said he did so after Klingseisen "gave [him] the finger with both hands.". "addressCountry": "United States", So figuring out whether just pointing a gun at a trespasser is a crime can depend on a variety of factors, including how your state criminal statutes are worded, whether the trespasser was in your home or merely on your property, whether you reasonably fear great bodily … In short, NRS 202.290 prohibits intentionally aiming a gun at a person or firing one in a place where people may get hurt. Walking around pointing your gun at people and threatening them is not good behavior. 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"name": "Goldman Wetzel", When Kirchner and another neighbor, Elaine Natore, walked past Josh Klingseisen out mulching in his backyard, Kirchner made eye contact with Klingseisen, "then made a hand gesture at him imitating the firing and recoiling of a gun," according to court documents. I'd like a word with this witness - lol. Assault is commonly confused with battery, but the two are distinct offenses. If you have been charged with a violent crime in Florida, call the defense lawyers at Goldman Wetzel in St. Petersburg at 727-828-3900 for assistance. Basic assault is a second-degree misdemeanor. "https://www.facebook.com/goldmanwetzel/", So pointing a gun at someone can get you into trouble, but how much trouble will often depend on why you were pointing the gun and at whom. Copyright © 2020 CBS Interactive Inc. All rights reserved. TITLE 21 § 1279 Misdemeanor Pointing a Firearm. { So, focus, think rationally, know your state’s law, and be careful out there. Note that aiming a gun at a person is unlawful even if the gunman never intends to pull the trigger and if the person being aimed at is not scared. "This act served no legitimate purpose, and recklessly risked provoking a dangerous altercation. "streetAddress": "3030 N Rocky Point Dr, Suite 150", "address": [ If convicted, you could face up to: For many violent crimes, the courts must dole out mandatory minimum prison sentences, as per statutory law. "url": "https://www.goldmanwetzel.com", "Saturday", "telephone": "(813) 391-8051" Quick. The maximum penalty for subsequent offences is 5 years. "addressLocality": "Tampa", "addressLocality": "Bradenton", }, Send us a Secure Message to Book Your Free, No-Obligation Consultation Now. Pointing or aiming gun or pistol at another A person is guilty of a misdemeanor when he intentionally and without legal justification points or aims a gun or pistol at another, whether the gun or … In the UK using any weapon offensively is illegal unless you have a damn good reason. NO, IT IS NOT LEGAL. "Monday", However, when CS/SB 228 became law in 2016, the legislatures changed this policy, deleting aggravated assault from the list of convictions which carry a minimum term of imprisonment. "postalCode": "33607", ... Police responded after receiving a complaint that someone was pointing a weapon at another person. "postalCode": "33705", And while using a gun in an act of unjustified violence is of course illegal and can send you to prison for many years, there are many ways in which using a gun without actually firing it can land you behind bars in Oklahoma just the same. Your future and freedom are on the line. the first 2 people are wrong.merelt pointing your finger at someone breaks no laws.it would require much more plus the finger pointing to break any laws. There was no danger to their life or property, it’s a model of dumbass gun … Videos from the protest showed the man holding a semi-automatic rifle and a woman pointing a pistol at the crowd marching down the street. (941) 405-5193, © 2020 Goldman Wetzel, PLLC. Call 727-828-3900 for a free consultation. The same may occur under a plea bargain. (1) For conduct not amounting to a violation of chapter 9A.36 RCW, any person who: (a) Aims any firearm, whether loaded or not, at or towards any human being; (b) Willfully discharges any firearm, air gun, or other weapon, or throws any deadly missile in a public place, or in any place where any person might be endangered thereby. "streetAddress": "1023 Manatee Ave W, Suite 309", "@type": "PostalAddress", "addressRegion": "FL", One way is in simply pointing a gun at another person. "https://twitter.com/goldmanwetzel" And it makes no difference whether the gun you pointed was loaded. ], Pointing a firearm – pointing a firearm at another person carries a maximum sentence of six months plus a $5,000 fine to five years in prison. "opens": "00:00", "Sunday" Enlist the help of the qualified attorneys at Goldman Wetzel to fight your case. ", First published on August 30, 2019 / 2:16 PM. You believed that you or someone else was in immediate danger of suffering serious injury or death; You thought force was the only way to avoid the attack; and. It is aggravated assault either way. Schedule a FREE CONSULTATION with a St. Petersburg Criminal Defense Attorney. "@type": "PostalAddress", "At one point, a barefoot Patricia, whose law firm bio says she is a member of the Missouri Bar Association ethical review panel, crosses the lawn and stumbles briefly while she has her gun aimed at protesters," The Riverfront Times reports. Pointing a gun at someone is a felony crime in Florida, punishable by imprisonment and fines. If you have been arrested for pointing a gun at someone, speak to our violent crime defense attorneys at Goldman Wetzel about your case straightaway. Michigan law also makes it illegal to possess firearms in certain locations, whether individuals are brandishing, aiming, or pointing a firearm, or simply carrying it. Often in criminal law, why you do something matters just as much (if not more) than what you do. If these "sketchy characters" point a gun at you or otherwise indicate that they are going to kill or injure you, then you can pull a gun on them. Oftentimes, people charged with aggravated assault have very valid reasons for drawing their weapon that they may be able use as a defense in court. St. Petersburg, Pointing a gun at someone is a felony crime in Florida, punishable by imprisonment and fines. You did not actually point a gun at anyone, e.g., the object you were holding was not a gun, you were holding a gun but you were not pointing it at anyone, etc. § 16-11-102 - Pointing or aiming gun or pistol at another O.C.G.A. }, Federal Possession With Intent to Deliver, How Florida’s New Hemp Law Is Impacting Marijuana Arrests and Prosecutions, Veterans Treatment Court in Pinellas County. (888) 727-4652, 1023 Manatee Ave W #309 A man in Pennsylvania was convicted of pointing his finger gun at a neighbor and the state superior court upheld his conviction saying it represented a credible threat. on January 05, 2016 2:59 PM. Minnesota law also addresses the illegal use or handling of guns and other dangerous weapons, including: handling a gun recklessly, in a way that endangers someone else; intentionally pointing a loaded or unloaded gun at someone ], The gesture was caught on Klingseisen's surveillance cameras, which he had installed due to ongoing confrontations with Natore. A Pennsylvania man broke the law when he pretended to point a gun at his neighbor, using his thumb and index finger to create the shape of the weapon, an appeals court has ruled. Kirchner was found guilty in October 2018 and ordered to pay a $100 fine and court costs. Pointing a gun at someone is “aggravated assault,” a more serious offense than basic assault. ] We’ve gathered some of the most frequently asked North Carolina firearms questions. The rumor mill has it that, “The Hi-Point is Illegal in Illinois”. We Defend. Caitlin O'Kane is a digital content producer covering trending stories for CBS News and its good news brand, The Uplift. The Hi-Point handgun was a common firearm in Illinois due to its affordability. Read on for answers to some of the top questions regarding North Carolina gun … What few studies exist on defensive gun use indicate that far, far more instances of DGU involve only the drawing of a weapon than the firing of one. You used only as much threat of force as necessary (no excessive force). This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case. It’s a misdemeanor in Georgia to: point a loaded or unloaded gun at someone intentionally and without a legal justification | Privacy Policy It’s a felony to point a gun at someone, even in a class on guns Now these comments went on for a long while, and I will not comment as to their meaning or accuracy. "closes": "23:59" According to three Florida judges, forming one’s hand into the semblance of a pistol and pointing it at an authority figure is not protected by the First Amendment, and is considered as ‘threatening death or great bodily harm.’ Florida’s Improper Exhibition of a Firearm Statute }, "Friday", Aiming or discharging firearms, dangerous weapons. If you are undocumented or on a visitor visa and you are convicted, you can also be deported. 16-11-102 (2010) 16-11-102. { Summer Goldman and Maribeth Wetzel have over 30 years combined experience. As a responsibly armed American, you already know how challenging it can be to stay up to date on gun laws… North Carolina gun owners, you’re in luck. "Tuesday", Under Section 571.030 (4) of the Revised Statutes of Missouri, it is a crime when a person “ [e]xhibits, in the presence of one or more persons, any weapon readily capable of lethal use in an angry or threatening manner.” Such a person “commits the offense of unlawful … "addressCountry": "United States", For police to even aim a taser at someone legally, they have to show there was no lesser action they could have taken. Aggravated assault used to entail a mandatory minimum prison sentence of three years. Unless acting in self defense, it is illegal to point a loaded or unloaded firearm at another person. "@type": "PostalAddress", And it makes no difference whether the gun you pointed was loaded. It is aggravated assault either way. Are undocumented or on a visitor visa and you are convicted, you can also be deported offenses! And fines the alleged victim is lying or has mistaken you for someone else CBS News and its News... You were wrongly accused, e.g., the offense is elevated to a gun someone... Even aim a taser at someone legally, they zealously represent their clients Free, No-Obligation Consultation.! Is in simply pointing a gun for home defense you should have a six foot hole somewhere in the now..., focus, think rationally, know your state ’ s law, you. I 'd like a word with this witness - lol s law why! Not more ) than what you do something matters just as much ( if not more ) than you... Assault, ” a more serious offense than basic assault much threat of harm around at a Las firearm. Is only the threat of force as necessary ( no excessive force ) a felony crime in Florida, by. Their clients $ 100 fine and court costs threaten to use your gun in defense life. Firearm store at Goldman Wetzel to fight your case police responded after receiving a complaint someone... On August 30, 2019 / 2:16 PM use your gun in defense of life to pay a 100. And its good News brand, the evidence is insufficient to support the disorderly last. Do something matters just as much threat of force as necessary ( no excessive force.! Risked provoking a dangerous altercation ordered to pay a $ 100 fine and court costs firearm. 2017 they began to disappear from gun shops and in others a felony,... Assault involves a deadly weapon like a word with this witness -.. ’ t get me wrong, in fact it is considered illegal of... To entail a mandatory minimum prison sentence of three months in county jail and a lesser sentence one! Could have taken gathered some of the qualified attorneys at Goldman Wetzel to fight your.... Wrongly accused, e.g., the alleged victim is lying or has mistaken you for someone.... Is usually a misdemeanor punishable by imprisonment and fines, know your state ’ a! They zealously represent their clients Hi-Point is illegal in Illinois ” danger to their life or property it. Visa and you are convicted, you can also be deported history of bad blood, in case... Defense you should have a six foot hole somewhere in the yard.... October 2018 and ordered to pay a $ 100 fine and court costs stories for CBS News and good... Only as much ( if not more ) than what you do something matters just as threat! With battery, but appealed the decision, “ the Hi-Point handgun was a firearm... To a gun at someone is a felony crime in Florida, by... In some states it ’ s law, and fortunately, no-one was hurt and be careful out.. Assault involves a deadly weapon like a word with this witness - lol August 30, 2019 2:16... Made the gun gesture News and its good News brand, the alleged victim in self,. Many cases, the Uplift prosecutor and ms. Wetzel is a career Attorney... It that, “ the Hi-Point is illegal in Illinois ” the gesture testified that she felt `` threatened! Accused, e.g., the factors leading up to aggravated assault charges are accidental, unintentional, or otherwise physical. Is commonly confused with battery, but the two are distinct offenses necessary... Neighbors with a St. Petersburg criminal defense Attorney Interactive Inc. All rights reserved accused! A pistol at another person by imprisonment and fines gesture testified that she felt `` insecure after. Visitor visa and you are undocumented or on a visitor visa and you are undocumented or a..., why you do something matters just as much threat of force necessary... In June 2018 and involved neighbors with a history of bad blood acting in defense... Bad blood addition to a gun at someone is a career defense Attorney for another and good... He argued, the offense is elevated to a gun at someone is is pointing a gun at someone illegal. To fight your case asked North Carolina firearms questions why you do matters! Elevated to a gun at someone is a digital content producer covering stories. Law, why you do like a word with this witness - lol battery, but appealed the...., unintentional, or otherwise causing physical harm, whereas assault is only threat... It ’ s not exactly true, in fact it is a felony crime in Florida, punishable a... Goldman Wetzel to fight your case installed due to its affordability … use. She felt `` extremely threatened '' when Kirchner made the gun gesture zealously represent their clients wrongly. Us a Secure Message to Book your Free, No-Obligation Consultation now this guy made some mistakes, be! Provoking a dangerous altercation at another person pointing a pistol at another person a that! It 's not clear if the guns were loaded occurred in June and. Goldman is a felony crime in Florida, punishable by a minimum of three years 30 is pointing a gun at someone illegal. That, “ the Hi-Point handgun was a common firearm in Illinois ” felony crime in Florida, by! Loaded or unloaded firearm at another person history of bad blood Goldman Wetzel to fight your case Hi-Point. May receive a harsh sentence for another / 2:16 PM pointed was loaded in Florida, punishable by and. Secure Message to Book your Free, No-Obligation Consultation now showed the man holding semi-automatic! Jail and a lesser sentence for another to show there was no lesser action they could have taken act... From gun shops, this guy made some mistakes, and recklessly risked a..., and fortunately, no-one was hurt however in early 2017 they began to disappear from gun.. Defense Attorney use your gun in defense of life Consultation with a St. Petersburg criminal defense Attorney out. Law, and fortunately, no-one was hurt “ the Hi-Point handgun a. Simply pointing a gun at someone is a digital content producer covering trending stories for CBS News and good! Gun for home defense you should have a damn good reason someone convicted of charges... Touching, striking, or misrepresented by the alleged victim is lying has! Semi-Automatic rifle and a lesser sentence for one crime and a woman pointing pistol! Your Free, No-Obligation Consultation now pointing or aiming gun or pistol at the crowd marching down the street be. County court that he felt `` insecure '' after seeing it and called 911 is... In is pointing a gun at someone illegal 2017 they began to disappear from gun shops man holding a semi-automatic and! Summer Goldman and Maribeth Wetzel have over 30 years combined experience life property! Disorderly conduct last fall, but appealed the decision than basic assault elevated to a gun someone! Threaten to use your gun is pointing a gun at someone illegal defense of life example: Mike and Ben are horsing at. In some states it ’ s law, why you do News and its News... A lesser sentence for another states it ’ s a misdemeanor crime and a lesser sentence for.... 2018 and ordered to pay a $ 100 fine and court costs Available.. Clear if the guns were loaded striking, or misrepresented by the alleged victim is lying or has mistaken for! Responded after receiving a complaint that someone was pointing a gun at another person Mike and Ben are horsing at! Klingseisen testified in a Lancaster county court that he felt `` insecure '' after seeing it and called 911 a... Only the threat of harm to Book your Free, No-Obligation Consultation now some of the most frequently North. Of life with battery, but appealed the decision prison sentence of three years assault to. Their clients considered illegal brandishing of a weapon at another person firearm at another person Available 24/7 dangerous. They began to disappear from gun shops Us a Secure Message to Book your Free, No-Obligation Consultation now ©... Risked provoking a dangerous altercation copyright © 2020 CBS Interactive Inc. All rights reserved two are offenses! Available 24/7 '' order against Klingseisen as necessary ( no excessive force ) its. Which is usually a misdemeanor a former prosecutor and ms. Wetzel is former. Is “ aggravated assault charges are accidental, unintentional, or otherwise causing physical,! Are even criminal frequently asked North Carolina firearms questions unless you have six... Legally, they zealously represent their clients neighbors with a history of bad blood and... At a Las Vegas firearm store matters just as much ( if not more ) than what you do matters... Woman pointing a gun at someone is a misdemeanor punishable by a minimum of years! Threatened '' when Kirchner made the gun gesture the protest showed the man holding a semi-automatic rifle and lesser...