Rights and Responsibility Weapons Study Guide
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Assault with a weapon Assault with a weapon is a felony punishable by up to four years in prison and a $2,000 fine. A weapon can be a firearm, knife, iron bar, club, brass knuckles, or another dangerous weapon. Committing this offense in a weapon-free (K-12) school zone increases the possible fine to $6,000 and also carries the possibility of 150 hours of community service. This crime does not require any resulting harm. Placing a person in fear of harm by brandishing a weapon is enough. (Stiffer penalties apply if the person intended to cause great bodily harm or death (see below).) (Mich. Comp. Laws ยง 750.82 (2023).) Felonious Assault with a Weapon 750.82 Felonious assault; violation of subsection (1) in weapon free school zone; definitions. Sec. 82. (1) Except as provided in subsection (2), a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both. (2) A person who violates subsection (1) in a weapon free school zone is guilty of a felony punishable by 1 or more of the following: (a) Imprisonment for not more than 4 years. (b) Community service for not more than 150 hours. (c) A fine of not more than $6,000.00. Rendered Tuesday, January 2, 2024 Brandishing Brandishing (public) "to point, wave about, or display in a threatening manner with the intent to induce fear in a reasonable person." "Illegal display of a firearm" Brandishing is a misdemeanor punishable by up to 90 days in jail. Examples of brandishing include the following: Concealed to open carry for reasons other than self- defense (Note: accidental exposure is technically not brandishing, but every effort should be made to avoid this.) Waving in the air for no reason Any gestures that demonstrates the threat of firearm use when not legally justified. Aiming at someone with intent to scare - Felony Assault with a gun charge, mandatory 2-year prison sentence.
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