Legal Question in Criminal Law in Texas

Is it a Felony

Is it a felony to point a loaded gun at a person and threaten to kill them and is there a statuate of limitations on filing charges for such a thing, in texas ?

Asked on 7/24/04, 11:34 am

1 Answer from Attorneys

Barrett McKinney Law Offices of Barrett J. McKinney, P.C.

Re: Is it a Felony

If thats all there is to the case it would normally be prosecuted as an aggravated assault Texas Penal Code 22.02. This is a second degree feloney under most circumstances although there are some enhancement provision in the statute.

There might be some lesser offense which might be considerd by the police or the DA depending on the circumstances of the offense.

The statue of limitations for felonies is found in the Texas Code of Criminal Procedure at 12.01 and is normally three years for Aggravated Assault. There could be exceptions depending on of the case is filed.

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Answered on 7/25/04, 12:10 pm

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