Wednesday, August 30, 2006

Lest Ye Be Judged Follow-Up

Comment poster Alex observed that pointing a gun in Georgia is classified as a misdemeanor. I had referenced Georgia law that indicated brandishing a gun could be treated as a felony.

Say Uncle speculated there could be prosecutorial leeway, which this article confirms.

Pointing or aiming a gun or pistol at another occurs when someone purposefully and with no legal reason points a gun at someone else, according to Georgia case law. Courts have held it doesn't matter if the gun is loaded.

One example of when the more serious felony charge of aggravated assault occurs is when someone uses a deadly weapon that could or does cause serious injury.

"When can you point a gun at someone and not threaten serious bodily harm?" said Russell Gabriel, director of the Criminal Defense Clinic at The University of Georgia. "I don't know. It's sort of a rhetorical question."

Gabriel said that in his opinion it is somewhat absurd to have both laws on the books, though the existence of both charges gives prosecutors some discretion in how to charge someone. "The law doesn't always make sense," he added.

1 comment:

  1. Roman Adams, my son was charged with 7 felonies and one misdemeanor for brandishing a firearm. He is serving a 1 year sentence and the majority of his time has been in a maximum security prison with murderers, rapists, etc. A confidential letter was sent by Act. Sheriff Alan Wiggington of the Pickens Co Sheriff's Dept.(who knows its content)The DAs in this case A.Pascual assisted by Joe Hendricks stated in the closing statement to the jury in Roman's Trial that,"Mr Adams HAS FOUR OTHER GUNS IN HIS HOME AND AS FAR AS WE ARE CONCERNED, THAT'S AN ARSENAL!"
    fOR THE COMPLETE STORY GO TO WWW.PICKENSPROGRESS.COM : MESSAGEBOARD nov2/06 : In my Opinion the DA has written a letter to the editor directed at me which contains a threat to me for exposing the Pickens Co Justice System. Also go to www.JasperSucks.com to nov 2/06 post by me. If this incident wasn't so tragic it would make a great non-fiction, "my cousin Vinny", sequel!
    Glenn Adams
    Ret.Fire Captain
    Squad#5 AFD
    Vietnam-era VET

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