Unless there is some reason to justify it such as self defense, pointing a gun at someone (or even brandishing it) would generally be the crime of assault. This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case. Assault requires intent, meaning that there has been a deliberate, unjustified interference with the personal right or liberty of another in a way that causes harm. Therefore, the accused went from being charged with the misdemeanor pointing a gun to a felony of aggravated assault. Pointing a gun at another person is reckless behavior even if the pointer does not think the gun is loaded. 16-11-102 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 pistol is loaded or unloaded. 274 Ga. 692, (2002). Moreover, pointing a gun without an accompanying verbal threat is still an assault, assuming the victim saw the gun. The … shooting a person with a gun or threatening to kill someone while pointing a gun at the victim assault resulting in serious physical injury, and assault against a member of a protected class, such as a police officer, healthcare provider, social services worker, or developmentally disabled or elderly person. Michigan authorities charged a white woman, who was seen on video pointing a gun at a black mom and her teenage daughter in a Chipotle parking lot, and her husband with felony assault. DEADLY CONDUCT is committed by shooting a gun at or in the direction of another person. You believe whole heartedly that you’ve only committed a misdemeanor. This threat of harm must be intentional. The physical menace in the case of a simple assault charge would be possessing the gun and the threat of the imminent serious bodily injury would be pointing the gun at the alleged victim. 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. Intent to Cause Apprehension. Examples of assault include swinging a baseball bat at someone but not hitting them, waving your fist at someone without making contact, and pointing a gun, loaded or not, at someone, while they are aware that you are pointing a gun at them. However, under O.C.G.A. A man has been charged with aggravated assault and reckless conduct after he threw what appears to be a smoke grenade at protestors, then pointed a gun at them outside Savannah City Hall on Saturday. A California man captured on camera pointing a loaded AR-15 rifle at a group of advancing protesters has been arrested and charged with assault with a deadly weapon. 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. Rather, assault occurs when someone threatens harm. Under Penal Code 245(a)(2) PC, California law defines assault with a firearm as assaulting a victim by using a pistol, rifle, shotgun, semiautomatic firearm, machine gun, .50 BMG rifle or assault weapon.The assault may take the form of pointing the firearm at the victim, striking or “pistol-whipping” the victim, firing the gun at the victim, or actually shooting the victim. Another example of a crime that an accused might face for pointing a firearm at someone is the crime of Recklessly Endangering another Person.