imported post
David817 wrote:
I don't know about Dallas County, but Tarrant will charge you with making a terroristic threat for "brandishing", and with aggrivated assault if you raise it. That can apply equally for a pocket knife or a firearm. I can't quote the section of the penal code, but have seen it first hand.
I'll happily quote the Code to you, and state that they would have a helluva time making such a charge stick.
Terroristic threat:
§ 22.07. TERRORISTIC THREAT.
(a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1) cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
[/b](2) place any person in fear of imminent serious bodily injury;[/b]
(3) prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
(4) cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
(5) place the public or a substantial group of the public in fear of serious bodily injury; or
(6) influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
If PC 22.07(a)(2) were interpreted liberally, it would be illegal to ever defend yourself with a firearm, because just producing it would "place any person in fear of imminent serious bodily injury". The thing is, that's not your
intent when you draw, your intent is to defend yourself against the unlawful use of deadly force, or the other justifications found in the Code.
Aggravated assault (have to quote Assault first, for context):
§ 22.01. ASSAULT.
(a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
§ 22.02. AGGRAVATED ASSAULT.
(a) A person commits an offense if the person commits assault as defined in § 22.01 and the person:
(1) causes serious bodily injury to another, including the person's spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
When you keep the elements of intent in mind, it's clear that you have to
actually threaten someone, or harm them, to be guilty of any of the above.