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. Therefore, the accused went from being charged with the misdemeanor pointing a gun to a felony of aggravated assault. The … Another example of a crime that an accused might face for pointing a firearm at someone is the crime of Recklessly Endangering another Person. Rather, assault occurs when someone threatens harm. DEADLY CONDUCT is committed by shooting a gun at or in the direction of another person. 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. Pointing a gun at another person is reckless behavior even if the pointer does not think the gun is loaded. This threat of harm must be intentional. 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. 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. 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. 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. 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. Moreover, pointing a gun without an accompanying verbal threat is still an assault, assuming the victim saw the gun. 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. 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. Intent to Cause Apprehension. 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. This week an appeals court upheld his conviction, ruling that pointing a "finger gun" is in fact a criminal offense in this case. 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. 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. You believe whole heartedly that you’ve only committed a misdemeanor. 274 Ga. 692, (2002).