An assault can occur by putting another person in fear of being physically attacked. The criminal charge of assault can occur with or without a weapon in the possession of the aggressor. If a weapon or firearm is involved during an assault or confrontation, the offender may be charged with an elevated assault crime that is classified as a felony such as:

  • Assault with a Deadly Weapon
  • Assault with Intent to do Great Bodily Harm
  • Assault with Intent to Murder

Any of the above felony assault crimes can be pursued even if there was no physical contact with the alleged victim. The use of a weapon or firearm to accomplish an assault is often sufficient to put another in fear of great bodily harm or death. The crime of assault with a dangerous weapon is accomplished when an object, that is not otherwise considered a weapon but has the potential to be deadly (motor vehicle, shovel), is used as a means to place someone in fear of an assault.

The use of a firearm while operating a motor vehicle raises various legal questions and can lead to criminal charges such as brandishing a firearm or assault with a deadly weapon. When a weapon is produced (brandished), or pointed at someone, in a vehicular scenario, more than likely it will be reported as road rage. Because a motor vehicle can be used as a means to escape or retreat, a person that uses a firearm while on public road in a vehicular situation is not given the same protection that is afforded to the use of firearm within one’s dwelling. When a firearm is used in connection with a motor vehicle, a number of variables will be carefully analyzed by law enforcement officers such as:

  • Whether there was means to escape to avoid an altercation,
  • Whether there was an opportunity to call 911 for backup,
  • Whether there was a safe place to retreat or take cover and,
  • Whether the use of force (a firearm) was necessary under the circumstances.

There are always two sides to the story. Law enforcement officers do not always do their job in conducting an investigation. And don’t expect the prosecutor to help you defend your case against false allegations, or if you acted in self-defense, or without an intent to commit any crime.

Those that forget to remove prohibited items, such as a pocket knife or firearm, from their pockets or carry-on luggage face serious criminal charges. Once an item is found by airport authorities, the party will be investigated to determine if the situation was inadvertent or posed any potential threat or danger.