Does the fact that someone is pointing a loaded gun in the face of another person constitute an assault?
California, United States of America
The following excerpt is from People v. Penunuri, 233 Cal.Rptr.3d 324, 418 P.3d 263, 5 Cal.5th 126 (Cal. 2018):
"A long line of California decisions holds that an assault is not committed by a person's merely pointing an (unloaded) gun in a threatening matter at another person." ( People v. Rodriguez (1999) 20 Cal.4th 1, 11, fn. 3, 82 Cal.Rptr.2d 413, 971 P.2d 618.) However, the fact that the gun was loaded
[418 P.3d 283]
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the fact that someone is pointing a loaded gun in the face of another person constitute an assault? (California, United States of America)
Does pointing a loaded firearm at another person constitute an assault? (California, United States of America)
Does Section 12022.7 of the California Criminal Code apply to a person who personally inflicts great bodily injury on another person other than an accomplice? (California, United States of America)
Does a jury's acquittal of an assault with a deadly weapon constitute an acquittal on the assault charge or a finding of not guilty of assault with deadly weapon? (California, United States of America)
Can an assault with a deadly weapon be committed by pointing a gun at another person? (California, United States of America)
Does the fact that a defendant threatened to shoot someone or pointed a gun at someone constitute sufficient evidence that it could be fired? (California, United States of America)
Can a defendant appeal his convictions for assault and assault against the Court of Appeal for failing to instruct the jury on personal use of a deadly weapon and personal infliction of great bodily injury enhancements? (California, United States of America)
When will a court sentence a defendant to two-and-a-half years in prison for assault and assault with intent to cause grievous bodily harm against another person? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Does proximity between a drug dealer and an alleged drug dealer in possession of an assault weapon constitute an enhancement to an assault charge? (California, United States of America)
