A police officer heard gunshots and saw people running. At the scene, the police officer and the defendant moved back and forth between cars while the defendant pointed a gun at the officer, which indicated intent to frighten. When the defendant eventually put the gun down, it was found to be loaded. A "present ability" to carry out a threat was required. In fact, the officer was not actually afraid.

• Should the man be charged with assault on the police officer?

• What are the elements of this crime in your state? (North Carolina)

• What elements are present and what elements are missing in this scenario?