- If you pull out your weapon and point it at another person, that’s aggravated assault because the act of pointing a weapon at another is “reasonably likely” to place the other person in fear of “imminent bodily injury.” A.R.S. § 13-1203(A)(2) and -1204(A)(2). Aggravated assault is a class 3 dangerous felony and carries mandatory prison time because the offense involves the use of a firearm. The other person need not be actually physically injured, only frightened. So, be careful where you point that gun.
- If you pull out your weapon and point it at the ground or in the air or otherwise brandish it without actually pointing it at anyone – maybe you just want the other guy to “back off” – under Arizona law, you could be guilty of felony disorderly conduct, a class 6 felony. The relevant statute, A.R.S. § 13-2904(A)(6) provides that one commits disorderly conduct if one “recklessly handles, displays or discharges a deadly weapon or dangerous instrument” and does so “with the intent to disturb the peace and quiet of a person, family, or neighborhood.” This offense, although technically not as serious, also carries mandatory prison time because it, too, involves the use of a firearm.