Q: can the accused be charged with aggravated assault if they pulled up their shirt revealing a BB gun? Never removing it.
The BB gun was never removed from the accused's pants.
A: Yes, the accused can be charged with criminal assault, even though the gun was a BB gum. An unknown but important fact, is whether the party assaulted recognized the weapon as a BB gun. Simply based on the weapons having to be reveal by lifting up a shirt, without knowing the mental capacity of the "victim", I believe it would not be a stretch for an individual to see the BB gun as it is revealed by clothing and feel in fear of a gun to be used as the primary target!
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