If you point a gun at another person but do not fire it, is it considered physical force or is it deadly force?

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If you point a gun at another person but do not fire it, is it considered physical force or is it deadly force?

Asked on February 27, 2011 under Criminal Law, Massachusetts

Answers:

Stan Helinski / McKinley Law Group

Answered 10 years ago | Contributor

Definitely depends, was the case indicted? 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to speak with an attorney in your area as to this matter as every state is different.  In New York it is considered physical force AND deadly physical force.  The charge could be reckless endangerment and attempted assault, both of which are felony charges ere in New York.  Listen either way it is not a good thing that happened and if you were the one holding the gun I would strongly suggest that you go and hire legal counsel as soon as you possibly can.  If you were on the reviving end of the barrel I would go and report it to the police at once.  And seek a restraining order as well.


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