Carter v. Commonwealth
Court of Appeals of Virginia
594 S.E.2d 284 (2004)
Relevant factsFree
During a traffic stop, passenger Carter (defendant) pointed his hand at Officer O'Donnell in the shape of a gun, said "pow," and briefly convinced the officer he was armed, prompting O'Donnell to reach for his own weapon before realizing it was just Carter's hand; O'Donnell testified he would have shot Carter had he successfully drawn his weapon in that moment of genuine fear. Carter was convicted of assaulting a law-enforcement officer, and he appealed, arguing he lacked any actual present ability to harm O'Donnell.
IssueFree
Whether a defendant must have an actual present ability to inflict bodily harm at the time of the alleged offense to be guilty of assault.