Sarasota, FL asked in Criminal Law for Florida

Q: If you point a loaded BB gun at police but do not shoot, what will be the crime charge in Florida?

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1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Florida Statute 784.011 reads as follows: 

"Assault.—

(1) An “assault” is an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.

(2) Whoever commits an assault shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083."

Pointing a BB gun at another person would be an "act" to do violence to another person, assuming the officer had a well-founded fear in such [officer] that such violence is imminent". Note that the threatened violence would not have to be death or serious injury, and, anyway, a BB gun can cause serious injury.

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