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Can You Face Assault Charges for Aiming an Unloaded Gun at Someone?

Wielding a gun at someone could result in a charge of aiming a firearm at another human, but whether you will be charged with assault depends on your intent.

Definition of Assault

Under Nevada law, assault is defined as the attempt to use force against another person or intentionally acting in a way that makes the person fear they are at risk of immediate bodily injury. The victim does not need to be physically touched for assault charges to be brought against you.

You might not be accused of assault if you jokingly point an unloaded gun at a person because you are not attempting to use force against them. Additionally, because the firearm was not loaded, the prosecutor might have difficulty proving you intended to injure the individual.

Other Potential Charges

If you point an unloaded gun at someone else, you might not be charged with assault, but you could violate a different law. N.R.S. 202.290 prohibits you from aiming a loaded or unloaded gun at another person. This law also makes it illegal to shoot your firearm in an area where others may be present. You could be charged even if no one was injured when you fired your gun or if the other person laughed off your action as a joke.

If you violate this law, you could be charged with a gross misdemeanor. A conviction could result in a jail sentence of up to 364 days and a fine of up to $2,000.

Schedule a Free Consultation with the Law Offices of Kenneth A. Stover

For the prosecutor to land a conviction, they must prove you violated every element of the alleged offense. Our experienced lawyer will fight the prosecutor’s case by examining every detail of your circumstances as he works toward getting charges reduced or dropped.

Get started on your case by calling us at (775) 502-1575 or contacting us online.