CALIFORNIA CRIMINAL LAWYERS

Brandishing a Deadly Weapon or Firearm

Brandishing a Weapon: What You Need to Know

In California, brandishing a firearm or any other deadly weapon is a serious offense under California Penal Code 417 PC. The act of displaying a weapon in a threatening, rude or aggressive manner could potentially lead to a charge under this penal code. The accused, however, has certain defenses that can be presented on their behalf, and the prosecutor also has to prove that specific elements of the offense took place to secure a conviction.

Elements of Brandishing a Weapon

To secure a conviction in a brandishing a weapon case, the prosecutor must prove specific facts of the alleged crime, these include:

Presence of Another Person

The prosecutor must prove that the weapon was drawn in the presence of another person, which is relatively easy to prove. One other person needs to be present, even if they did not see the weapon or if it was not pointed at them.

Rude or Threatening Manner

Showing a weapon in a rude, angry, or threatening manner violates the second part of the penal code. Proving that the accused intended to harm the victim is not necessary; an angry weapon’s display is enough to satisfy this part of the penal code.

A Deadly Weapon and Firearms

The weapon that is brandished must be considered deadly and could potentially cause death or serious injury to make a person be accused of the crime. Even if an otherwise innocent object is used in a deadly manner, it is still considered a deadly weapon. It’s worth noting that under the penal code, BB guns and pellet guns are not included in the definition of firearms.

Defenses Against Brandishing a Weapon Offense

In California, specific defenses can be presented on behalf of the accused in a brandishing a weapon case. These include:

Self-Defense

Self-defense is a valid defense recognized in the penal code itself. If the accused believed that there was immediate danger or harm and was acting in self-defense, they cannot be charged with the crime. This includes if the accused was defending another person against a threat.

Displaying the Weapon

Drawing a weapon without the threat or anger part of the penal code, such as showing it to another person, is not considered a crime. If the accused displays the weapon to a friend without any threat or anger, it’s not a crime.

False Allegations

Brandishing a weapon is open to interpretation from witnesses, and the accused might not have caused any harm with the weapon. A person could make false allegations against an innocent person out of revenge or jealousy.

Possible Penalties for the Offense

The penalties for brandishing a deadly weapon or firearm depend on factors like the prosecutor’s decision, the details of the case, and the accused’s criminal history. Here are some possible penalties the accused could face:

Misdemeanor Sentence

If convicted of a misdemeanor for brandishing a deadly weapon, the sentence is a minimum of 30 days in the county jail. Being convicted of brandishing a firearm can give the accused a three to six-month jail sentence.

Felony Charges

Brandishing a firearm at a daycare facility or police officer is punishable by a misdemeanor charge with a sentence of three months to one year in jail, or it could result in a felony charge, which would mean 16 months to three years in a state prison.

The Bottom Line

Brandishing a weapon is a severe offense in California, and being charged with it could have severe consequences. However, presenting a solid defense on behalf of the accused can secure the possible outcome. Our law firm has years of experience handling these types of charges, and we know how to defend against them. Proving that the accused was not threatening or angry is often the most complicated part of such cases, but we have successfully provided a solid defense for our clients in the past.