# What crime did I just commit? (Don't need answer fast)
**URL:** https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645
**Category:** Factual Questions
**Created:** [August 18, 2010, 6:14pm UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645 "2010-08-18T18:14:39Z")
**Posts on this page:** 16
**Page:** 2
### Author:  [@Chronos](https://boards.straightdope.com/u/Chronos)
#### Post date: [August 18, 2010, 10:56pm UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/21 "2010-08-18T22:56:19Z")
> [@](#):
>
> It’s also a crime called “menacing”, which means showing a gun in a menacing fashion. Then there is “brandishing” a weapon…
Wouldn’t brandishing be a lesser included offense of menacing?
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### Author:  [@BrotherCadfael](https://boards.straightdope.com/u/BrotherCadfael)
#### Post date: [August 18, 2010, 10:58pm UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/22 "2010-08-18T22:58:08Z")
In a good many American jurisdictions, your actions would be sufficient for your victim to legally employ deadly force against you.
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### Author:  [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)
#### Post date: [August 18, 2010, 11:10pm UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/23 "2010-08-18T23:10:13Z")
> [@Alpha\_Twit](#):
>
> 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.
>
> Thanks for clarifying so quickly.
An aggravating factor is something that doesn’t change the basic nature of the crime but is regarded as making it worse than it normally would be. For example, in New York it’s an aggravating factor in an assault if the victim is a police officer or a child under the age of eleven.
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### Author:  [@Bricker](https://boards.straightdope.com/u/Bricker)
#### Post date: [August 19, 2010, 12:09am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/24 "2010-08-19T00:09:47Z")
> [@Little\_Nemo](#):
>
> 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.”_
At common law (as **pravnik** has already pointed out) it’s [assault.](http://www.jstor.org/pss/4503137)
Whether it’s assault in any state depends on the criminal code of that state.
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### Author:  [@Superhal](https://boards.straightdope.com/u/Superhal)
#### Post date: [August 19, 2010, 12:15am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/25 "2010-08-19T00:15:50Z")
In my state, it’s illegal to carry a handgun in public outside of your home or a firing range. In transport, it must be kept in a lock box in your trunk.
I also heard about a case where the man tried to rob a bank with a cucumber. That he used a cucumber, he felt that he couldn’t be tried for the more serious charge of robbery with a deadly weapon. However, the judge stated that his actions created an “atmosphere of fear” (I don’t remember the exact term) that was just as bad as using a real weapon, and thus should be tried under the more serious charge.
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### Author:  [@LouisB](https://boards.straightdope.com/u/LouisB)
#### Post date: [August 19, 2010, 12:21am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/26 "2010-08-19T00:21:51Z")
In Florida I think it would be considered “brandishing” although I’m not sure that’s what you would be charged with—in any event, it is an automatic felony, it carries automatic jail time (but I’ve forgotten how much time), permanent confiscation of the weapon, and the immediate canceling of your CCW, if you have one, and I think there is also a monetary fine. All this info comes from a booklet given me when I was issued a CCW and my memory ain’t too good and I can’t find the booklet at the moment. But it is a very serious offense in Florida, I do remember that much. People I knew often joked that if you pulled a gun on someone, you would get off with less punishment if you went ahead and shot them.
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### Author:  [@GiantRat](https://boards.straightdope.com/u/GiantRat)
#### Post date: [August 19, 2010, 12:22am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/27 "2010-08-19T00:22:15Z")
I would bet that “making terroristic threats” would also be at least included in the list of charges (sometimes as a prosecutorial bargaining chip). Back when I worked in the law enforcement world, it seemed like every shit’em that got brought in had that listed either on their list of priors or current charges. I believe it’s usually dropped/reduced in the plea bargaining arrangement.
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### Author:  [@Cheshire\_Human](https://boards.straightdope.com/u/Cheshire_Human)
#### Post date: [August 19, 2010, 1:10am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/28 "2010-08-19T01:10:14Z")
> [@Little\_Nemo](#):
>
> 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 …
Where did you find the NYS Penal Code on-line? I haven’t read it in almost 30 years, so it’s about time I read it again, since I live here…
I’m just going on general knowledge of common law, which will approximate the statutes in most jurisdictions that derived from English Common Law (e.g. most of the US). I didn’t remember what the exact statutes in NY are, since as I said, I haven’t read them in almost 30 years.
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### Author:  [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)
#### Post date: [August 19, 2010, 1:25am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/29 "2010-08-19T01:25:08Z")
> [@Cheshire\_Human](#):
>
> Where did you find the NYS Penal Code on-line? I haven’t read it in almost 30 years, so it’s about time I read it again, since I live here…
>
> I’m just going on general knowledge of common law, which will approximate the statutes in most jurisdictions that derived from English Common Law (e.g. most of the US). I didn’t remember what the exact statutes in NY are, since as I said, I haven’t read them in almost 30 years.
They’re actually pretty easy to find. They’re not copyrighted so anyone can post them. [Here’s](http://ypdcrime.com/penal.law/index.htm) the site I happened to use.
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### Author:  [@MEBuckner](https://boards.straightdope.com/u/MEBuckner)
#### Post date: [August 19, 2010, 1:58am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/30 "2010-08-19T01:58:54Z")
Under Georgia law, assault is defined to include committing “an act which places another in reasonable apprehension of immediately receiving a violent injury” while aggravated assault includes committing an assault “With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury”. Having someone walk up to you and point a gun at your head would certainly cause a reasonable apprehension of immediately receiving a violent injury, and a gun is clearly a deadly weapon. Aggravated assault is punishable by imprisonment for not less than one nor more than 20 years.
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### Author:  [@Duckster](https://boards.straightdope.com/u/Duckster)
#### Post date: [August 19, 2010, 2:43am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/31 "2010-08-19T02:43:57Z")
> [@Alpha\_Twit](#):
>
> What would I be charged with?
Based on comments from a few friends whom I posed this, you would not be charged with anything. You cannot charge a dead person with a crime.
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### Author:  [@Polycarp](https://boards.straightdope.com/u/Polycarp)
#### Post date: [August 19, 2010, 3:40am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/32 "2010-08-19T03:40:09Z")
> [@MEBuckner](#):
>
> > [@GHO57](#):
> >
> > 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** ”
>
> 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 bet Finnish jails are pretty nice, too.
Well, if you take into account the **mandatory saunas** …! 😃
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### Author:  [@Cheshire\_Human](https://boards.straightdope.com/u/Cheshire_Human)
#### Post date: [August 19, 2010, 4:28am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/33 "2010-08-19T04:28:28Z")
> [@Polycarp](#):
>
> > [@MEBuckner](#):
> >
> > I bet Finnish jails are pretty nice, too.
>
> Well, if you take into account the **mandatory saunas** …! 😃
What they do to the [fish they serve you](http://en.wikipedia.org/wiki/Lutefisk) in some of the Swedish speaking areas of Finland, however, will make you wish for life in a third world prison, if not execution.
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### Author:  [@Triskadecamus](https://boards.straightdope.com/u/Triskadecamus)
#### Post date: [August 19, 2010, 4:51am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/34 "2010-08-19T04:51:50Z")
In my state, I can wear the pistol on my hip and walk down the street, and enter any building that does not have a sign prohibiting firearms.
**But**
Code of Virginia, 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.
A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.
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### Author:  [@pkbites](https://boards.straightdope.com/u/pkbites)
#### Post date: [August 19, 2010, 5:01am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/35 "2010-08-19T05:01:07Z")
**This is not legal advice, I am not a lawyer.**
In Wisconsin you could be charged with Endangering Safety by Use of a Weapon (ss 941.20). Subsection © includes “Intentionally points a firearm at or toward another”. Wisconsin doesn’t have a separate “brandishing” law so this is it. Believe it or not, it’s a misdemeanor, unless the person you do this to is a cop, firefighter, first responder, etc… Then it’s a felony.
You could also be charged with Disorderly Conduct (ss 947.01), or Harassment (ss 947.013) also both misdemeanors.
**I am not a lawyer, this was not legal advice.**
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### Author:  [@pkbites](https://boards.straightdope.com/u/pkbites)
#### Post date: [August 19, 2010, 5:11am UTC](https://boards.straightdope.com/t/what-crime-did-i-just-commit-dont-need-answer-fast/550645/36 "2010-08-19T05:11:00Z")
> [@Triskadecamus](#):
>
> In my state, I can wear the pistol on my hip and walk down the street, and enter any building that does not have a sign prohibiting firearms.
I can CCW in all 50 states but prefer open carry.
I was just in Virginia (Norfolk & Virginia Beach) this past May. First time in over 10 years that I’d been there.
Open carried almost everywhere. Went to restaurants, Wal Marts, even the beach. Nobody batted an eye. Wisconsin is also an open carry state but invariably someone will start bugging you about it or call the police (an annoying situation as I am a cop). It becomes more hassle than it’s worth and many times I just conceal.
Nothing of the sort happened anywhere in Virginia. 🙂
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