John Crangle is a criminal defense attorney representing clients throughout the 13th Judicial Circuit. He focuses in handling firearms charges and violent offense cases in the Court of General Sessions. Engaging a skilled defense attorney at the earliest possible stage can provide the best chance for a favorable outcome.
Over 1000 Clients Represented
You need an experienced attorney. John has tried more than a dozen cases to jury verdict as lead defense attorney. He knows what a good resolution of your case is, and more importantly what a bad resolution is.
“Mr. Crangle did a great job in handling my legal issue. Quick, polite, easy to work with, and affordable. Definitely would recommend!”
Vincent D“100% recommend John for any ongoing case. He got my case dismissed. Best criminal defense in the upstate.”
Johnathan MWhat is Pointing a Firearm in South Carolina?
South Carolina’s pointing firearm statute, S.C. Code § 16-23-410, states: “It is unlawful for a person to present or point at another person a loaded or unloaded firearm.”
The statute is intentionally broad. Both “present” and “point” are forbidden acts. A loaded gun is treated the same as an unloaded one. This implies that even if you pick up an unloaded firearm and gesture at someone, you face a felony charge.
Two exceptions exist in the statute. Firstly, the law does not infringe upon self-defense rights. If you pointed a firearm in lawful defense of yourself or another person, it’s a recognized defense. Secondly, the statute does not apply to theatrical performances or similar situations. A stage actor using props would not be charged.
Beyond these exceptions, the law’s language is strict. The State does not have to confirm your intent to fire the weapon or threaten the person, nor prove any injury. The mere act of pointing or presenting suffices.
This charge often accompanies others. An altercation that leads to someone reaching for a firearm can result in pointing charges in addition to Assault and Battery charges, or even more severe allegations. Domestic scenarios involving firearms can simultaneously lead to both pointing charges and CDV charges.
Penalties for Pointing a Firearm in Greenville, SC
Under S.C. Code § 16-23-410, if convicted of pointing a firearm, you face a felony. The sentence includes a fine at the court’s discretion, imprisonment for up to five years, or both.
Serving five years for what might feel like a brief mistake is the reality in South Carolina.
A felony conviction also brings daunting repercussions:
Permanent loss of the right to own firearms under both state and federal law
Ineligibility for many professional licenses
Possible job loss, especially in professions requiring licensure, like law enforcement
Immigration consequences for non-citizens, including possible deportation
Difficulty in securing housing and credit
If pointing charges coincide with a violent crime, S.C. Code § 16-23-490 imposes an additional mandatory five-year sentence if a person possesses or visibly displays a firearm during the violent act. This extra five years is consecutive to any primary sentence. Therefore, having an attorney who examines all charges collectively, rather than in isolation, is crucial.
How Pointing a Firearm Cases Are Prosecuted in Greenville County
The Greenville County 13th Judicial Circuit Solicitor’s Office handles pointing firearm cases. Depending on the situation, a case may start in Magistrate Court but felony charges move to General Sessions for resolution.
Sentencing for a pointing firearm conviction in Greenville County is influenced by several factors beyond the basic statute. Courts weigh the defendant’s prior criminal record, the circumstances of the confrontation, whether any injury or property damage resulted, whether the defendant was intoxicated at the time, and whether the defendant voluntarily surrendered or attempted to flee before arrest. Judges weigh whether the incident involved a domestic relationship, whether the firearm was already drawn when police arrived, whether any discharge occurred, and whether the defendant has a prior criminal history. If the charge is linked to another violent offense, the mandatory additional five-year sentence under S.C. Code § 16-23-490 runs consecutive to the primary sentence, meaning it does not overlap but begins after the primary term ends. That stacking exposure makes the effective sentencing risk far higher than the five-year maximum for pointing alone suggests.
Prosecutors often rely on the alleged victim’s testimony as crucial evidence. Corroborating evidence might include witness testimonies, 911 call recordings, body cam footage from responding officers, and any nearby surveillance videos. Text messages or social media posts sent before or after the incident can also be significant for the prosecution.
The State doesn’t need to prove the firearm was loaded, fired, or verbal threats were made. Allegations of aiming or presenting the firearm constitute the heart of the charge. This makes eyewitness credibility central to many proceedings.
Pointing charges can arise in road rage incidents, neighbor disputes, or conflicting witness accounts. Here, the credibility battle between the defendant and the accuser can dictate the outcome.
If a weapon carried on your person is involved, related Weapons Charges Lawyer issues may surface, such as the unlawful carrying or possession of a firearm, depending on your history and the context.
Defense Strategies for Pointing a Firearm
Self-defense. The statute preserves self-defense rights. Pointing a firearm because you reasonably believed you or another person faced immediate physical threat is a full defense. South Carolina requires that the belief be justifiable under the circumstances and that the force matches the perceived threat.
Questioning witness credibility. In cases reliant on a single witness’s narrative, that individual’s credibility and consistency are key. Inconsistencies in statements, motives to fabricate, a dishonest history, or discrepancies between their narrative and physical evidence can weaken the prosecution’s case.
Disputing identification. If who pointed the firearm is in question, typical identification challenges apply: unreliable eyewitness processes, poor lighting, brief observation time, and witness bias.
Contesting the factual basis. Sometimes the facts don’t uphold a pointing charge. If the firearm wasn’t directed in a manner that constitutes “presenting” or “pointing,” that issue must be disputed.
Negotiating a lesser charge. Depending on personal history and factual nuances, negotiating a lesser charge, perhaps a misdemeanor, may be possible within a plea deal.
Evidence suppression. If any police statements or evidence during the investigation were obtained by infringing constitutional rights, suppression motions should be filed by your attorney.
The ABHAN (Assault & Battery High and Aggravated Nature) charge often parallels pointing firearm cases. Understanding the interaction of these charges is vital for an effective defense.
Why You Need a Pointing a Firearm Lawyer in Greenville
Some believe a pointing charge is minor since no one was harmed physically. It’s not minor, it’s a felony. In South Carolina, a felony record follows you for life.
The right lawyer can be the difference between a permanent felony record and a more favorable resolution, be it dismissal, acquittal, or negotiated outcomes that safeguard your future.
John Crangle defends firearm-related charges throughout Greenville County and surrounding 13th Judicial Circuit areas. He meticulously reviews evidence, challenges State witnesses, and presents every viable defense.
If your case involves Attempted Murder or other significant violent offenses, John can address these within a unified defense strategy.
Contact John Crangle for a confidential consultation. Confront a felony firearm charge with professional aid.