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WHAT IS AIMING A FIREARM AT A HUMAN BEING IN NEVADA?
Nevada law prohibits willfully aiming a firearm, whether loaded or unloaded, at or toward any human being. The offense does not require that the gun be fired or that the victim be harmed.
WHAT THE PROSECUTION MUST PROVE
To convict you of Aiming a Firearm at a Human Being in Nevada, the prosecution must prove each of the following elements beyond a reasonable doubt:
The defendant willfully aimed a firearm at or toward another person
The act was done intentionally — not accidentally
If the prosecution cannot prove any single element beyond a reasonable doubt, you cannot be convicted.
PENALTIES FOR AIMING A FIREARM AT A HUMAN BEING IN NEVADA
Aiming a Firearm at a Person
Gross misdemeanor. Up to 364 days in jail and/or up to $2,000 fine.
THOMAS'S DEFENSE TIPS
Insights from Thomas Boley — Las Vegas criminal defense attorney with 18+ years defending aiming a firearm at a human being charges
This charge often arises from road rage incidents or heated arguments where a firearm is displayed. Even if you never intended to fire, pointing a gun at someone is a crime.
This charge can be filed alongside assault with a deadly weapon. The prosecution may use this as a lesser charge if the assault charge is difficult to prove.
The above represents general observations from years of criminal defense practice in Nevada. Every case is different — contact Thomas for advice specific to your situation.
COMMON DEFENSES TO AIMING A FIREARM AT A HUMAN BEING
Every case is unique, but these are the defenses most commonly raised in aiming a firearm at a human being cases in Nevada:
Self-defense — you aimed the firearm in response to an immediate threat
Accidental pointing — no willful intent
Insufficient evidence — no witnesses or video