In short, yes. But it’s not only the gun that matters, it’s the threat. If you threaten a person with physical harm, and the person reasonably believes that you may inflict that harm, that crime is known as “assault.” Whether you point a gun, a knife, or even a closed fist at someone, if he or she fears for their safety, you may be charged with assault. That being said, pointing a gun at someone is more likely to be perceived as a real threat than shaking a closed fist would be. For this reason, an assault charge involving a gun will probably require a more complex defense than would an assault without a deadly weapon. An experienced Boston criminal defense attorney can help you determine how to proceed if you are charged with assault.
The sheer presence of a firearm is compelling evidence for the prosecution. Consider the following example: About one year ago, a Maryland police officer was convicted of first and second degree assault after he was caught on film ordering a man into his vehicle while pointing a gun at his head. Officer Jenchesky Santiago was observed shouting at William Cunningham in a way that seemed to convince both Cunningham and those who watched the video that he intended to use the gun. And the whole incident began because Cunningham was illegally parked. Not only was the officer’s response disproportionate to the very minor infraction, it was deemed an assault crime in court.
Assault vs. Assault and Battery
Assault can be a confusing charge because it is often used interchangeably with assault and battery. But battery is really a separate activity. While assault occurs when you make a threat of physical harm, battery occurs when you make good on that threat. The individual doesn’t have to be injured by the battery to constitute a charge of assault and battery. For example, if you attempt to punch someone in the face but he ducks and you only graze his cheek, you can still be charged with assault and battery. In that example, you may even be charged with assault and battery if you miss him entirely. The simple fact that you attempted to make good on your threat of physical harm is often enough.
Penalties for Assault or Assault and Battery
Not every threat is assault, however. A skilled MA defense attorney can help you protect your rights and reputation if you are facing an assault charge. If you are convicted of assault, or assault and battery, you may face the following penalties:
- Both assault and assault and battery are punishable by a fine of up to $1,000 and up to two-and-a-half years in jail.
- Assault that causes serious bodily injury is punishable by a fine of up to $5,000 and up to five years in prison.
- If you cause harm to a child, you can face up to five years in prison. If that harm is substantial, you may spend up to 15 years in prison.