Penal Code 417.6 is used to prosecute individuals who brandish a firearm and cause serious bodily injury in the state of California. An individual must act with intent in order to be convicted under PC 417.6.
Brandishing a firearm and causing a serious bodily injury is a “wobbler” charge in California. This means that the prosecution could treat the charge as a misdemeanor or a felony.
Understanding the Charge of Brandishing a Firearm with Serious Bodily Injury
PC 417.6 prosecutes any individual who misuses firearms in the state of California. PC 417.6 may also be enforced if people misuse another deadly weapon, including brandishing or waving a weapon.
However, merely brandishing a weapon is not enough to lead to a PC 417.6 conviction. An individual must also cause another person “serious bodily injury.” Serious bodily injuries, as defined by law, can include:
- Broken bones
- Disfiguring injuries
- Injuries that cause concussions or the loss of consciousness
- Damage to the organs or limbs
Similar Charges to PC 417.6
Additional charges in the state of California that concern the inappropriate use of weapons and firearms include:
- Assault with a firearm
- Brandishing a weapon
- Being armed with a firearm
- Carrying a loaded firearm
Even just carrying a weapon is often against the law in California. Using or brandishing a weapon can lead to more severe penalties. Crimes that involve bringing harm to others are usually prosecuted more severely.
Outcomes of a Conviction Under PC 417.6
Brandishing a firearm and causing a serious bodily injury is classified as a wobbler charge in California. The prosecution gets to decide how to handle wobbler charges. In some cases, these charges are treated as misdemeanors, while in others they are considered felonies.
Prosecutors look at an individual’s criminal record when deciding how to handle PC 417.6 charges. They also consider the facts of the current case. Depending on how a PC 417.6 charge is handled, individuals may face:
- Up to one year in jail for a misdemeanor conviction
- Up to three years in prison for a felony conviction
Individuals may face court fines and restitution payments after a conviction for a PC 417.6 violation. The court may also offer individuals probation in some cases. Individuals may be able to avoid jail time if they get probation.
Build a Defense Against PC 417.6 Charges in California
A criminal defense lawyer with the Simmrin Law Group can help if you are accused of brandishing a firearm and causing a serious bodily injury. Our lawyers can argue that:
You Didn’t Cause a Serious Bodily Injury
PC 417.6 charges should only apply if you use a firearm or dangerous weapon to harm someone else. Merely brandishing a weapon should not lead to a PC 417.6 conviction. However, you may face other charges if you brandish a gun or another weapon, though these charges may not be as serious as a PC 417.6 conviction.
You Didn’t Intend to Brandish a Weapon and/or Hurt Anyone
PC 417.6 is a crime of intent. This means you must intentionally act to cause someone else harm. If you accidentally swung a weapon around and ended up hitting someone, you may be able to avoid a PC 417.6 conviction. It may be difficult to prove on your own that you did not act intentionally to harm someone else. That’s where the Simmrin Law Group comes in.
Get Help Fighting PC 417.6 Today with the Simmrin Law Group
The Simmrin Law Group can help if you were accused of brandishing a firearm with serious bodily injury. Contact us right now to learn more about Penal Code 417.6 charges and how to fight them with a free consultation. Our criminal defense lawyers in Los Angeles are standing by to help you right now.
Complete our online contact form or call (310) 997-4688 today.