If you’re facing assault charges for threatening someone with a gun, you may wonder whether an unloaded gun is considered dangerous.
An unloaded gun may not be able to fire, but this doesn’t mean you won’t be charged for threatening someone with it. Even when you don’t intend to use it, an unloaded gun is still considered dangerous. Keep reading to find out more.
What does the law say about pointing firearms?
According to the Oklahoma statute 21 O.S. § 1289.16, it’s illegal for a person to willfully or without cause point a firearm (whether loaded or not) at another person for the sole purpose of threatening them. Therefore, the prosecution may show that you caused mental or emotional intimidation using a gun, even if it was unloaded.
An unloaded gun is considered a dangerous weapon in a criminal case
There are many laws surrounding using guns for criminal activity. However, remember, even when unloaded, a gun is still considered a deadly weapon because the rounds in a firearm are hidden from victims, and they can assume the gun is loaded. Moreover, an unloaded gun can still be used as a blunt weapon to strike someone.
What are the penalties for assault with a deadly weapon?
If convicted of assault with a deadly weapon, you can face serious penalties. Depending on your case’s circumstances, the crime can be prosecuted as either a felony or misdemeanor. Even when unloaded, pointing a gun is considered a misdemeanor so long as it’s not a violent crime. The fine for such a crime can range between $100 and $1,000.
Have you been charged with a gun crime?
Cases involving firearms can be complex and have serious consequences. Therefore, even if you’ve been charged with assault with an unloaded weapon, it’s essential that you understand all your defense options.