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.
