Brandishing a weapon in the State of California is considered a serious offense. Brandishing a weapon under the California Penal Code 417 PC is defined as displaying a weapon or firearm in the presence of another person in a rude, angry or otherwise threatening way or did so during a fight or argument and you were not acting in self-defense or the self-defense of another person at the time.
A deadly weapon in California is defined as any object or instrument that can be used in a way that is capable or likely of inflicting great bodily injury or death upon another person. The weapon displayed can be a gun, knife, heavy object or any other object including writing pens or rocks.
Many people feel afraid or threatened by the mere presence of a gun or knife and some people feel threatened by any object they perceive as a threat to them even though another reasonable person may not find the same object threatening. The act of brandishing must be proven in order to be convicted of brandishing a weapon.
In order for the court to find a person guilty of brandishing, the prosecution must prove the following beyond a reasonable doubt:
Some people think the mere presence of a firearm or other weapon is brandishing. California law provides that a person may use a weapon in the act of self-defense. If a person is walking along the street and is accosted by one or more others in order that they might steal his possessions or inflict injury upon him, and the person draws a gun causing the person or persons to run away, that is not considered brandishing but an act of self-defense.
Examples of actual brandishing include such acts as:
The penalties and punishments for brandishing a firearm depend on the unique facts of each individual case, the criminal history of the person charged, and whether there was an injury to a person or persons. Brandishing a weapon at a police officer can be a misdemeanor or a felony, depending on how the prosecution decides to charge the defendant.
A defense lawyer can defend you against the charges of brandishing a weapon in many instances including when:
If you have been accused and charged with brandishing a weapon in Los Angeles, you need to contact an experienced defense lawyer who understands the law and how to successfully defend their clients against these charges.
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