Seriousness and Potential Defenses of Felonious Pointing of a Firearm
This is Wagoner County lawyer Stuart Ericson. We’re talking about some of the gun charges in Oklahoma. Another one is pointing a firearm. Usually, it’s called felonious pointing of a firearm.
The elements of that are willfully pointing a shotgun, rifle, pistol, or deadly weapon, whether loaded or unloaded, in this case, at any person, so it’s at a person, without lawful cause, so it’s not like a self-defense situation. And fifth, for the purpose of threatening or with the intention of discharging the firearm or with any sort of malice. So that’s going to be that offense.
So, again, you’re taking out self-defense if you’re charged with this. Now, if you’re charged with this and it is a self-defense situation, that would be a defense to it. Self-defense is always a defense. But if you point a firearm because you’re pissed off and you’re threatening somebody, or even for purposes of a prank, or a gone wrong type of thing, that could be a crime.
Understanding Felonious Pointing of a Firearm
Felonious pointing of a firearm is a felony offense. There could be some defenses to that. Every criminal case is so very fact-specific, that you would need to talk to me, your defense attorney, about all the facts and let me think of the defenses how to approach the DA’s office, and how to defend you on this case.
So gun charges are serious because a lot of times in these gun charges, the DA’s offices around the state almost want kind of some automatic prison time and they don’t really like to give probation on some gun charges sometimes.
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Reach out to me, Stuart Ericson, at wagonerlawyer.com. I offer free consultations to discuss your case and provide you with the best defense strategy. Call me at [phone number] to schedule your consultation.