A civilian BSO (Broward Sheriff's Office) employee is facing one count of aggravated assault with a firearm after it is alleged that she pointed a gun at her son during an argument.
The son did not know whether the gun was loaded or not. However, that fact does not matter so long as the alleged victim believes that the gun can be used against them. The aggravated assault statute requires that a person have a reasonable fear that somebody is going to commit violence upon them based on a word or act, coupled with the apparent ability to carry out that violence.
In other words, if somebody points a gun at you, the crime will be an aggravated assault so long as you believe that the perpetrator has the ability to hurt you.
Aggravated assault with a firearm carries a mandatory minimum sentence of 3 years in state prison. Without a firearm, aggravated assault does not carry mandatory prison time. The statutory maximum for aggravated assault with a firearm and without a firearm is 5 years.
Eric Matheny is a criminal defense attorney representing clients charged with aggravated assault in Miami-Dade and Broward.