What charge could a person face for waving a gun around during an argument without firing it?

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A person waving a gun around during an argument, even without firing it, could face a Class A misdemeanor charge under Texas law. This behavior can be classified as terroristic threatening or disorderly conduct, which can fall under misdemeanor offenses, particularly when the act of brandishing a firearm creates a situation that can instill fear of imminent bodily injury in others.

A Class A misdemeanor is a more serious charge compared to a Class B misdemeanor, given that it can result in higher fines and longer jail sentences. The seriousness of the situation is heightened because of the potential for violence and the impact this display could have on bystanders and the individuals involved in the argument.

In contrast, aggravated assault typically involves either the use of a weapon in a way that causes serious bodily injury or the threat of serious injury with a weapon, which can elevate the charge to a felony. Felony assault involves more severe circumstances and consequences. Thus, the correct identification of the situation reflects both the nature of the act (waving a firearm) and its implications regarding the emotional and physical safety of others.

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