Hypothetical situation - I walk up to you and point a gun at your head. The gun is loaded and ready to fire but you can’t know that for certain. I say nothing. I don’t fire the weapon. I don’t make anything threatening motions beyond the specifics of what I just mentioned such as motioning you down to the ground, to raise your hands or to come with me. I just point the gun at your head for a few seconds and then walk away leaving you shaken but not otherwise harmed. You’ve never seen me before and have no idea why I just did what I did?
What would I be charged with?
BTW, this is just for a bit of fiction I’m mulling over now. Nothing critical.
That’s kind of what I was wondering about - the difference between assault and aggravated assault. On TV you ofter hear about “assault with a deadly weapon” and that’s the phase used in the book I’m reading.
Well, if you did to me, here (Finland), it would constitute an “illegal threat”; criminal code chapter 25 (crimes against freedom) section 7. Carries a maximum sentence of 2 years.
In my state, simple assault is a misdemeanor offense, maximum 6 month County Jail sentence (I think–I do not do criminal defense anymore).
Aggravated Assault is a felony. Probably carries a maximum sentence of 25 years in the state prison or so. You used a gun in committing aggravated assault, so you’re in the bonus round, and win extra prison time for your efforts.
Only 2 years? That seems surprisingly low. I’m not doubting you in any way but I would have thought it would be more. Oakminster’s up to 25 years sounds more in line with what I was thinking.
When compared with other developed countries, criminal penalties in the US are especially severe. This said, it’s true that a maximum sentence of two years seems a bit on the low side (but OTOH 25 years seems extreme to me).
Different countries You did ask what the crime would be if you did it to me; as I am in Finland, that’s how it would be seen.
Btw, just checked the official translation, the offence is actually called “Menace”
“A person who raises a weapon at another…
<snip>
…imprisonment for at most two years.”
It’s not considered a “violent” offense here (hurt feelings don’t count as physical harm), it’s a crime against personal freedom… we tend to go for the; no blood, no foul approach. Oh, and sentences are generally way less here than in the US… for example…“A person who imports, produces or detonates a nuclear device in Finland or has one in his or her possession shall be sentenced for a nuclear device offence to imprisonment for at least two and at most ten years”
Well, yes. Tho not in addition of the nuke charges… but instead of. Besides… with just a couple of years difference in sentence length, it’s sort of a moot point.
In Canada, I asume there’s the crimes of possession of a deadly weapon, threatening, assault, etc. Plus using a gun in the commission of a crime may get you extra punishment. Possessing an unregistered weapon or violating the laws on how to use weapons, carrying a concealed weapon, unsafe storage of a firearm maybe, etc.
Basically, anywhere in the "civilized’ world nowadays, there are so manylaws that typically one crime results in d a dozen or more charges. then, they can plead you down; “these crimes total 145 years consecutively, but we’ll drop the first 5 charges if you plead guilty to the last 7 and take a 10-year sentence.”
The 25 years Oakminster mentioned was a maximum sentence. To get that, there would probably have to be additional circumstances added to the OP hypothetical. If it was just that hypothetical, and nothing more, you probably wouldn’t get anywhere close to the max, unless the judge was up for re-election, wanted to appear tough on crime, and your case was well covered in the media, or he wanted to go extra tough on you, personally, for whatever reason.
The prosecutor might overcharge everything.
At a minimum it would be assault with a deadly weapon, but not battery unless the gun or the person touched you. It’s also a crime called “menacing”, which means showing a gun in a menacing fashion. Then there is “brandishing” a weapon, possible illegal possession of a weapon, failure to register a weapon and carrying a loaded firearm. Add something if you are near a school. If you drove a car to the location, you may lose that and your driving license.
Play your cards right. Don’t generate publicity. Make a deal with the prosecutor and you can be on the street in the morning.
OK, if I ever become a Bond villain and decide to hold some country for ransom (for one MEELION [del]dollars[/del] euros!) with my stolen nuclear bomb, I know which one it’s going to be.
I’m surprised so many people are saying assault. I don’t like to do this but - cite?
It would not be assault in New York. Assault in NY requires you to actually cause physical injury.
In NY, the crime would be Menancing in the Second Degree (S 120.14) - “A person is guilty of menacing in the second degree when he or she intentionally places or attempts to place another person in reasonable fear of physical injury, serious physical injury or death by displaying a deadly weapon, dangerous instrument or what appears to be a pistol, revolver, rifle, shotgun, machine gun or other firearm” - and maybe Reckless Endangerment in the First Degree (S 120.25) - “A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person.”
You did ask what the crime would be if you did it to me; as I am in Finland, that’s how it would be seen.