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  1. #1
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    Aug 2009
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    Default What Makes Pointing a Gun at a Person an Assault with a Deadly Weapon

    My question involves criminal law for the state of: California

    What makes pointing a gun at a person (at close distance) an assault with a deadly weapon vs. a brandishing case?

    Here is a quick rundown. A shooting occurs and on the way out of the location the shooter points a firearm at a second person and threatens to shoot that person. Is the second person a victim of an ADW?

  2. #2
    Join Date
    Jan 2008
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    Question Re: What Makes Pointing a Gun at a Person an Assault with a Deadly Weapon

    Is this an assignment or a personal situation?

  3. #3
    Join Date
    Nov 2007
    Posts
    1,409

    Default Re: What Makes Pointing a Gun at a Person an Assault with a Deadly Weapon

    Maybe it's if somone is threating to shoot them or right next to them,has the gun out like they would shoot someone. Where the other charges the guys lifts a jacket to show the gun or something simlair,this just a guess not answer based on law.

  4. #4
    Join Date
    Sep 2005
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    California
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    17,988

    Default Re: What Makes Pointing a Gun at a Person an Assault with a Deadly Weapon

    Quote Quoting SCT6
    View Post
    My question involves criminal law for the state of: California

    What makes pointing a gun at a person (at close distance) an assault with a deadly weapon vs. a brandishing case?

    Here is a quick rundown. A shooting occurs and on the way out of the location the shooter points a firearm at a second person and threatens to shoot that person. Is the second person a victim of an ADW?
    Yes.

    Merely displaying it or using it in a threatening manner can be brandishing. When you point it at someone it can be charged as ADW (firearm).

    More often than not, this can be pled down to brandishing.

    In your scenario 245(a)(2) is likely since the person was already involved in a shooting (apparently) and then points it at another person making a threat (another felony in violation of PC 422). The person with the gun is going to be in a bad way if they charge him with all the possibilities.


    - Carl
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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