Northern Virginia Criminal Justice Academy (NVCJA) Practice Exam

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If an officer responds to a scene where a suspect is waving a gun that appears real, what crime has likely been committed?

  1. Assault

  2. Brandishing

  3. Possession of a weapon

  4. Threatening behavior

The correct answer is: Brandishing

Brandishing is the correct response in this scenario as it specifically relates to the act of displaying a weapon, particularly in a way that threatens or intimidates others. In many jurisdictions, brandishing a firearm, especially in a threatening manner, is considered a criminal offense due to the panic and fear it can instill in bystanders or victims. When someone waves a gun that appears real, it creates a perceived threat to public safety, as it can lead witnesses to believe they are in immediate danger. This behavior falls under the definition of brandishing, which typically includes the intentional display of a firearm in a manner that suggests a willingness to use it unlawfully. While assault, possession of a weapon, and threatening behavior might be relevant to the overall context, they do not specifically encapsulate the act of waving a gun. Assault would imply an intent to cause harm or fear of harm, possession of a weapon is more about legal ownership rather than how it’s being used in this moment, and threatening behavior is broader, covering various actions that instill fear. However, brandishing directly addresses the action of displaying the firearm in a way designed to intimidate, making it the most applicable choice.