Road rage incidents can escalate quickly. In South Carolina, an argument between drivers can sometimes result in a very serious felony charge: Pointing and Presenting a Firearm. What many people do not realize, unless it's happened to them, is that these charges are sometimes based on misunderstandings or false accusations.
First, an angry driver may intentionally make a false accusation out of frustration, anger, or a desire to retaliate after a traffic dispute. Second, a driver may honestly but mistakenly believe they saw a firearm when in fact the other person was holding a cell phone or another object. In the stress and confusion of a road rage incident, it can be easy for someone to misinterpret what they saw.
Under South Carolina law, you do not have to actually point a firearm directly at someone to be charged. The law makes it a felony to “present” a firearm, which simply means showing or displaying it to another person. Because of this broad definition, even brief or ambiguous actions can lead to criminal charges.
There are defense strategies and steps that can be taken to help fight for dismissals or reductions in situations when you are falsely accused, or may be guilty of the offense.
The Serious Consequences of a Pointing and Presenting Charge
Pointing and Presenting a Firearm is a felony offense under South Carolina law. A conviction can result in up to five years in prison, along with a permanent felony record. Many people are shocked to learn that they can face felony prosecution even when no shots were fired, no one was injured, and they were legally allowed to possess a firearm.
These cases are prosecuted in General Sessions Court by the Solicitor’s Office, and the consequences can affect a person’s freedom, reputation, and future.
How Road Rage Allegations Typically Arise
In most road rage cases, the accusation originates from a report made by another driver. The reporting driver may call 911 while still driving or may contact police later after the vehicles have separated. The allegation may involve claims that a firearm was briefly shown through a window or pointed at another vehicle.
In many cases, there is no physical evidence. No shots were fired, and no injuries occurred. The case may be based entirely on the statement of the other driver.
Because so many people lawfully carry firearms in their vehicles, a false or mistaken accusation can still result in police locating a firearm, which may appear to support the allegation even if no crime occurred.
What Happens When Police Get Involved
When police receive a report that a firearm was presented during a road rage incident, they often treat the situation as extremely serious. If officers locate the suspected vehicle, they may conduct a felony traffic stop. This can involve officers drawing their weapons, ordering the driver out of the vehicle, and conducting a pat-down.
In other situations, police may later go to a person’s home or workplace to question them. Officers typically ask whether there was a driving dispute and whether the person owns or possesses a firearm. Even if someone denies presenting a weapon or explains that they acted in self-defense, they may still be arrested or charged.
Firearms are often confiscated as part of the investigation, which can come as a shock to lawful gun owners.
Why Credibility and Evidence Are So Important
Because these cases often involve conflicting accounts, credibility becomes critical. It may be one driver’s word against the other.
Evidence such as dashcam footage, surveillance video, and 911 recordings can be extremely important. Our office also investigates prior reports made by the accuser, as credibility issues or patterns of similar allegations may be relevant.
These cases may involve honest mistakes, false accusations, or situations where a firearm was displayed in lawful self-defense.
Self-Defense May Apply in Some Situations
South Carolina law allows individuals to defend themselves when they reasonably believe they are in imminent danger of death or serious bodily harm. In some road rage situations, particularly when someone exits their vehicle and confronts another person, self-defense and stand-your-ground principles may apply.
However, self-defense claims must be carefully evaluated based on the specific facts of each case.
Favorable Outcomes Are Possible
Being charged does not mean a person will be convicted. Favorable outcomes may include dismissal of charges, referral to Pre-Trial Intervention (PTI), reduction to lesser offenses, negotiated resolutions, or a not guilty verdict at trial.
These charges and allegations are very serious, and even a first-time offense with someone with no prior criminal record can result in a felony conviction, jail time, loss of the right to possess a firearm, and other consequences. We recommend you take any pointing and presenting charge seriously.
A thorough investigation and strategic defense are essential.
What To Do If You Are Accused
If you are contacted by law enforcement regarding a road rage incident involving a firearm, you should not answer questions, make statements, or consent to searches. Contact us for representation during a police investigation. You should preserve any dashcam footage or other evidence and contact an experienced criminal defense attorney as soon as possible.
The Law Office of James R. Snell, Jr., LLC regularly defends clients charged with Pointing and Presenting and other felony offenses in Lexington County, Richland County, and throughout South Carolina. We offer free consultations, and same-day appointments are often available. Call (803) 359-3301 to schedule your appointment.
If you are under investigation or have been charged, contacting an attorney immediately can help protect your rights and begin building your defense. Prior results obtained by the Law Office of James R. Snell, Jr., LLC, for prior clients does not mean similar results can be obtained for other clients in other matters.