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Actor (not on his own premises) points a loaded handgun "at" another. Never threatens to kill or pull trigger, just leaves scene telling the other not to follow. Only argument that preceded this conduct was about whether actor should remain on property with his loaded gun. Is actor guilty of (A) aggravated assault, i.e., having threatened another with imminent bodily injury and used a deadly weapon; guilty of (B) deadly conduct, i.e. having engaged in conduct that placed another in imminent danger of serious bodily injury; guilty of (C)terroristic threat, i.e, having threatened to commit an offense involving violence to a person with intent to place any person in fear of immininent serious bodily injury; guilty of (D) unlawfully carrying a weapon on or about his person? Do all these statutes apply to the same conduct? If so, do you have discretion as to which to charge under (if any)? Given the stated facts would you consider prosecuting as a second degree? My choice is B and/or D, but I would like some others' input.
 
Posts: 2393 | Registered: February 07, 2001Reply With QuoteReport This Post
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Not assuming anything else, I would go with B and D.

If there had been an overt threat or some kind of disagreement between the two I would look hard at A.
 
Posts: 956 | Location: Cherokee County, Rusk, Tx | Registered: July 11, 2001Reply With QuoteReport This Post
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