It is illegal in Canada to point a firearm at someone. St. Petersburg, "sameAs": [ You can only threaten to use your gun in defense of life. TITLE 21 § 1279 Misdemeanor Pointing a Firearm. FL 34250 Easy. With compassion and confidence, they zealously represent their clients. Copyright © 2020 CBS Interactive Inc. All rights reserved. § 16-11-102 - Pointing or aiming gun or pistol at another O.C.G.A. Get a Free Consultation Call Us - Available 24/7. Klingseisen testified in a Lancaster County court that he felt "extremely threatened" when Kirchner made the gun gesture. "Tuesday", And it makes no difference whether the gun you pointed was loaded. It is aggravated assault either way. } Confidential. Everything is now officially stupid. "opens": "00:00", 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. Stephen Kirchner was convicted of disorderly conduct last fall, but appealed the decision. "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. There was no danger to their life or property, it’s a model of dumbass gun … 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. Call 727-828-3900 for a free consultation. 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. "https://www.goldmanwetzel.com", Ms. Goldman is a former prosecutor and Ms. Wetzel is a career defense attorney. Quick. ", First published on August 30, 2019 / 2:16 PM. "address": [ 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 … "logo": "https://www.goldmanwetzel.com/wp-content/uploads/2020/10/gw-logo-light-transparent.png", 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.’ 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 … When the assault involves a deadly weapon like a gun, the offense is elevated to a third-degree felony. 16-11-102 (2010) 16-11-102. { Charged with a Serious Offense? You used only as much threat of force as necessary (no excessive force). "addressRegion": "FL", 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. But that’s not exactly true, in fact it is only partially correct. "telephone": "(813) 391-8051" Often in criminal law, why you do something matters just as much (if not more) than what you do. Kirchner admitted to making the gun gesture, but said he did so after Klingseisen "gave [him] the finger with both hands.". "@type": "OpeningHoursSpecification", "streetAddress": "3030 N Rocky Point Dr, Suite 150", Your future and freedom are on the line. Bradenton, Pointing a gun at someone is a felony crime in Florida, punishable by imprisonment and fines. 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 … Tampa, FL, 33607 "Wednesday", © 2019 CBS Interactive Inc. All Rights Reserved. Pointing a gun at someone is a felony crime in Florida, punishable by imprisonment and fines. The same may occur under a plea bargain. "@type": "PostalAddress", If you are undocumented or on a visitor visa and you are convicted, you can also be deported. 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. "name": "Goldman Wetzel", 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. "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. Battery means touching, striking, or otherwise causing physical harm, whereas assault is only the threat of harm. "addressRegion": "FL", "Sunday" 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). level 1. "@type": "LegalService", At the time, Natore had a "no contact" order against Klingseisen. 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. { }, "@context": "http://www.schema.org", Another neighbor who witnessed the gesture testified that she felt "insecure" after seeing it and called 911. "addressLocality": "Tampa", Someone convicted of several charges may receive a harsh sentence for one crime and a lesser sentence for another. }, 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. 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. However in early 2017 they began to disappear from gun shops. { The crime can actually be committed in some states by not even pointing a firearm at someone. "It's not clear if the guns were loaded. Therefore, he argued, the evidence is insufficient to support the disorderly conduct charge. "addressLocality": "Bradenton", ", "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. If convicted, you could face up to: For many violent crimes, the courts must dole out mandatory minimum prison sentences, as per statutory law. Aggravated assault used to entail a mandatory minimum prison sentence of three years. 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. "https://www.youtube.com/channel/UCzF8RWPpr2mAd6C78F66X8A", "openingHoursSpecification": { Of the most frequently asked North Carolina firearms questions Kirchner was found guilty in October 2018 ordered. 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No excessive force ) pointed was loaded Free Consultation Call Us - Available 24/7 bad blood Attorney! A Lancaster county court that he felt `` extremely threatened '' when Kirchner made the gun you pointed loaded! And ordered to pay a $ 100 fine and court costs cameras, which had...