Why Am I Charged With a Felony For Just Pointing a Gun?  Understanding Prosecutorial Discretion in Wisconsin

This article is for general informational purposes only and does not constitute legal advice. Every case is unique — consult a qualified Wisconsin criminal defense attorney for guidance specific to your situation.

I pointed a firearm, but I didn’t fire it. Why am I being charged with a felony?

It’s a fair question.  The answer reveals important facts about how the criminal justice system works and why having an experienced criminal defense attorney in your corner from the very beginning makes all the difference.

Wisconsin law addresses the act of pointing a firearm at another person in Wisconsin Statute 941.20(1)(c).  Under that statute, it is a Class A misdemeanor to intentionally point a firearm at or toward another person, carrying a maximum penalty of up to 9 months in jail, a $10,000 fine, or both.

This statute is a targeted, fact-specific law that addresses a specific act: pointing a gun at someone. But even when the facts fit that description, this may not be the way prosecutors choose to charge the case.

Prosecutors frequently charge (either instead of, or in addition to, the pointing a firearm statute) Second-Degree Recklessly Endangering Safety under Wisconsin Statute 941.30(2). This statute is a Class G felony, punishable by up to 10 years in prison, a $25,000 fine, or both. A felony conviction also carries long-term consequences that a misdemeanor does not — loss of the right to possess firearms, potential impacts on employment and professional licensing, and a permanent felony record.

Prosecutors have broad discretion in deciding what charges to file. In Wisconsin, as in every state, the district attorney’s office is not required to charge you with the least serious crime supported by the evidence. Prosecutors are likewise not obligated to match the charge to the most specific statute available. They are entitled to look at the same set of facts and decide which criminal statutes those facts could support — and then charge accordingly.

The most important thing to understand is this: in the end, it is the jury that decides what actually happened and what crimes have been proven. The question of whether pointing a firearm at another person rises to the level of recklessly endangering safety is a question the jury answers after hearing all of the evidence and circumstances, including where it happened, how it happened, how the firearm was loaded and handled, and what was said. 

A skilled Wisconsin criminal defense attorney will present the full picture to persuade the jury that the evidence supports the lesser charge — or no conviction at all. The same facts that the prosecutor used to build a felony charge can, in the context of an effective defense, tell a very different story.

Being charged with a felony when the facts seem to describe a misdemeanor is deeply frustrating. It can feel like the system is being used against you unfairly. That frustration is understandable.

The charge is not the same as a conviction. The prosecutor’s version of the facts is not the same as a jury’s verdict. You have the right to hold the state to its burden, to present your side of the story, and to ask a jury of your peers to decide what really happened — and what it means under the law.

A skilled Wisconsin criminal defense attorney will hold the prosecution to its burden every step of the way and fight to make sure the jury hears the full truth.

Our skilled team of attorneys at Nelson Defense Group has been representing firearm-related cases for over 30 years. We’ve successfully had cases dismissed or charges reduced, and heard Not Guilty verdicts at trial. If you are charged in Wisconsin, call Nelson Defense Group for a free consultation.