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Los Angeles Brandishing a Weapon or Firearm Lawyers

Brandishing a Deadly Weapon or Firearm

When someone brandishes a firearm or a deadly weapon, they could be violating California Penal Code 417 PC, which prohibits the offense. If a person shows a weapon in a manner that is threatening, rude or aggressive, that person could potentially be charged under that penal code. Even if you or a loved one was charged with this offense, there are certain defenses we can present on the accused’s behalf, and the prosecutor has to prove a few elements to secure a conviction.

Presence of Another

When charged with brandishing a weapon, the prosecutor must prove the facts of the alleged crime. First, it has to be proved that the weapon was drawn in the presence of another person. This might be the easiest part of the crime to prove since it only requires one other person in the accused’s presence. The other person didn’t even have to see the weapon. It’s not required to prove that it was pointed at an alleged victim either.

Rude or Threatening Manner

The accused can be convicted if this second part of the penal code is violated. A rude, threatening or angry manner doesn’t mean that the accused intended to harm the victim. If the weapon is brandished angrily, that’s enough to satisfy this second part of the penal code.

A Deadly Weapon and Firearms

The weapon must be considered deadly to be brandished in public and cause a person to be accused of a crime. Any object that is dangerous, or could be dangerous, when used to cause death or serious injury is considered a deadly weapon. These objects do not include body parts, but could include innocent objects that are used in a deadly manner. A pillow could be used as a deadly weapon to suffocate a person.

A firearm, generally referred to as a gun, would include pistols, rifles, shotguns and revolvers. This is pretty common knowledge, but pellet guns and BB guns are not included in this definition according to the penal code.

Defenses

Self-Defense
The code specifically says that you can be charged with the crime if you were not acting in self-defense, which means that it’s a natural defense included in the wording of the penal code itself. This includes if you were defending another person against a threat. The accused has to have believed that there was immediate danger or harm.

Displaying the Weapon
Brandishing a weapon does not include drawing the weapon to show someone else without the anger or threatening part of the code. If the accused was showing the weapon to a friend, it’s not considered a crime.

False Allegations
The nature of brandishing means that there’s some interpretation from the witnesses involved. The accused might not have caused any harm with the weapon. Showing the weapon is enough to scare others without there being any anger or threats involved. A person could make a false allegation against an innocent person out of revenge or jealousy too.

Penalties

The penalties for brandishing a deadly weapon or firearm depend on the prosecutor, the details of the case as well as the accused’s criminal history. The accused could be charged with a misdemeanor or a felony depending on a few factors.

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 3 to 6 month sentence in the county jail.

Felony Charges

Brandishing a weapon at an open day-care center or drawing a weapon on a police office can lead to the same punishment. A misdemeanor charge with a sentence of 3 months to one year in jail, or it could lead to a felony, which would mean 16 months to 3 years in a state prison.

Our law firm has years of experience with these types of charges, and we know how to defend against them. Proving that the accused wasn’t anger or threatening is the hardest part of these cases, and we can provide a solid defense on your behalf.

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