Does Pointing a Gun Count as Assault Under Maryland Law?

 Posted on November 29, 2025 in Criminal Defense

A 77-year-old man was recently charged with assault after threatening an Amazon driver with a gun. The Amazon driver was attempting to deliver packages in Lothian. As he was beginning to leave the property after leaving a package, a man standing in the driveway pointed a shotgun at the delivery driver and said, "Put your hands up." The man then told the driver that if he ever returned to this address again, he would shoot him, and that he would shoot his tires if he continued to "speed" in the area.

The elderly man was charged with first-degree assault, second-degree assault, and reckless endangerment. Most people assume that the crime of assault requires some level of physical contact, like hitting, kicking, or otherwise injuring someone. But under Maryland law, assault can be committed without ever touching another person.

Simply pointing a gun at someone, even for a brief moment, can be treated the same as a physical attack, with penalties that may include years in prison. Whether the firearm is loaded, unloaded, or even capable of firing rarely matters; what matters is the fear the act creates. If you are facing assault charges (Criminal Law Section 3-203), particularly if a weapon is involved, you need immediate legal assistance from a Queen Anne’s County, MD criminal defense lawyer.

What Are the Penalties for Assault Under Maryland Law?

First-degree assault in Maryland occurs when a person causes or attempts to cause serious physical injury, or commits assault with a firearm, loaded or not. First-degree assault is a felony offense. Second-degree assault occurs when a person has offensive physical contact with another person with the intent to frighten that person. Threats that create fear of imminent harm also fall under second-degree assault, which is a misdemeanor offense. Even though this offense is a misdemeanor, it can result in up to 10 years in prison.

Pointing a weapon at someone is at least second-degree assault (sometimes, when the firearm is a BB gun, pellet gun, or airsoft gun) but is more often charged as first-degree assault. The act of pointing a weapon at another person is considered assault because it intentionally places the victim in fear of immediate physical harm. Since guns are inherently deadly, the threat is a serious one, regardless of intent.

Firearms include handguns, rifles, shotguns, assault-style weapons, and even antique firearms. The penalty for first-degree assault in Maryland is up to 25 years in prison. Because it is a felony conviction, the defendant will permanently lose his or her firearm rights. There are other collateral consequences of a felony conviction, including an inability to obtain employment, the loss of a professional license, difficulty renting an apartment or home, and an inability to secure a government student loan for college.

What Must Prosecutors Prove to Obtain an Assault with a Weapon Conviction?

The state must show that the defendant knowingly and intentionally pointed a weapon at another person, and that the victim reasonably feared imminent physical harm. The defendant’s actions must have been voluntary, and a firearm must have been used to instill fear in the victim. Bodily injury or the actual firing of the gun is not required for an assault conviction, and even "brandishing" the gun, which results in it being briefly pointed at the victim, is sufficient to support an assault conviction.

Common Defenses to Gun-Pointing Assault Charges

The defense attorney may argue a lack of intent, which could include accidentally pointing or mishandling a firearm in a non-threatening manner. The defendant could have displayed a gun as self-defense to prevent imminent harm. It may be shown that the victim’s fear was not reasonable, which could reduce or dismiss the charges. The allegations may be shown to be false, resulting from an argument, custody dispute, neighbor conflict, or road rage incident that led to exaggerated claims.  

Contact an Annapolis, MD Assault Lawyer

If you are facing assault charges, you must take these charges very seriously and speak to an experienced Queen Anne’s County, MD criminal defense attorney from Henley & Henley, Attorneys at Law. Our attorneys have more than 50 years of combined legal experience. Call 410-280-0530 to schedule your initial attorney meeting.