What is the crime and sentence for pointing a BB gun at someone? 9 Answers as of November 15, 2012

The BB gun was broken and unloaded.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
It depends on the State but it could be assault with a dangerous weapon if the victim thought it was a dangerous weapon. This varies from State to State.
Answer Applies to: Michigan
Replied: 11/15/2012
Craig Epifanio, P.A.
Craig Epifanio, P.A. | Craig Epifanio
Aggravated assault even though it was a BB gun. You face up to 5 years jail or sometimes they may charge 10-20-life and you may face the minimum 10 years prison. In other words, don't do it, and if you have been charged, get an attorney immediately.
Answer Applies to: Florida
Replied: 11/15/2012
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You would probably be charged with Menacing, which is an A misdemeanor. You can get up to a year in jail or three years probation, but if you retain a good criminal lawyer you may be able to get a Disorderly Conduct with a fine.
Answer Applies to: New York
Replied: 11/14/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
You could been charged with aggravated assault, or simple assault if the crime occurred here in Illinois. The maximum sentence if aggravated assault is a year in jail. If a simple assault, maximum sentence is 30 days in jail. In either case, if you are a first time offender, you should not get any jail time, but some kind of probationary sentence, with some community service a possibility.
Answer Applies to: Illinois
Replied: 11/14/2012
Gary Moore, Attorney at Law
Gary Moore, Attorney at Law | Gary Moore
Point a gun at someone, even unloaded is a very serious offense. It has a maximum prison sentence of ten years and the requirement of a substantial period of parole ineligibility. The question is whether a BB gun qualifies as a gun in your case. You need to hire an experienced, criminal lawyer, now.
Answer Applies to: New Jersey
Replied: 11/13/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You could be charged with felony assault. The sentence depends upon a lot of factors that I am not privy to based upon your short question.
    Answer Applies to: Washington
    Replied: 11/13/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It doesn't matter if it was broken but the sentence will depend on the defendant's past criminal history.
    Answer Applies to: Washington
    Replied: 11/13/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The person staring down the barrel of the BB gun does not know that it is broken and unloaded, and I am sure the person pointing it did not tell him/her that it was broken and unloaded, because then the BB gun would not generate the fear which is desired. The offense is aggravated assault.
    Answer Applies to: Georgia
    Replied: 11/13/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    It is a misdemeanor offense. You are likely looking at probation and fines.
    Answer Applies to: Nebraska
    Replied: 11/13/2012
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