Fake Weapon, Real Crime
Most people understand that even the most indirect threat involving a deadly weapon can constitute assault in a court of law. But what about a weapon that just looks deadly?
While we can tell there’s something not exactly legal about waving a toy gun in someone’s face and telling them to hand over the cash, it may be difficult to nail down exactly what the problem is. After all, no one was in any real danger, right?
Too many would-be robbers believe that this means they cannot be charged with anything very harsh -an assumption that neglects the fact that simply attempting a crime is punishable by major fines and jail time. In addition, the specific offense of “brandishing a facsimile firearm” comes with its own set of consequences.
Further contributing to the seriousness of this crime is the idea that the person wielding a fake gun is putting himself or herself in an extremely dangerous position. Law enforcement officials generally cannot afford to guess whether a firearm is real or not, and respond accordingly. Several sad cases across the world have come forward in which adolescents with toy pistols lacking in safety marketing have been wounded or killed by police officers.
If you or someone you love has been charged with a crime involving a fake weapon, you deserve an experienced attorney who can help you fight for your rights and make your case effectively. Contact the San Jose criminal defense lawyers at the Law Office of Daniel Jensen, P.C. today by calling (408) 296-4100.