A suspect is seen waving a gun that appears real and causes the victim to fear for their safety. What crime has likely occurred?

• A. Assault with a deadly weapon
• B. False imprisonment
• C. Attempted robbery
• D. Brandishing

Answer: (D)

Brandishing is the act of displaying a weapon in a threatening way to intimidate someone. In this scenario, the suspect is waving a gun that appears real and causes the victim to fear for their safety. That immediate display of a weapon to create fear fits brandishing because the threatening gesture, not the actual use or attempt to take something, defines the crime.

False imprisonment would require restraining the victim’s freedom of movement. An attempted robbery would involve an intent to steal accompanied by an act toward that theft, which isn’t described here. Assault with a deadly weapon would involve an attempt or threat of bodily harm with a deadly weapon, but the situation is centered on the threatening display itself, which is more precisely brandishing.