California uses strict regulations to govern the usage and ownership of firearms and other weapons. Even publicly brandishing a gun or a weapon is considered a criminal offense under California Penal Code Section 417: Brandishing a Weapon or Firearm.
A Los Angeles brandishing a weapon or firearms defense lawyer can help you review the specifics of a PC 417 charge. An attorney can provide more information about potential defenses to this charge and what you should do after an arrest.
Brandishing a Weapon or Firearm: The Legal Definition
The court can use PC 417 to prosecute individuals accused of brandishing weapons or firearms. Brandishing a weapon may involve:
- Drawing or exhibiting a deadly weapon or firearm
- In the presence of another person
- In a way that is threatening, rude, or angry OR
- Unlawfully using a weapon or firearm in a quarrel or fight
Note that this charge does not require an individual to fire a gun or utilize a dangerous weapon. Merely drawing and displaying the weapon around another individual can be enough to lead to criminal charges in California.
You can learn more about California Penal Code Section 417: Brandishing a Weapon or Firearm with a Los Angeles weapons charges lawyer.
What Items Qualify as Weapons?
Individuals can face charges for brandishing any kind of “deadly weapon.” California defines deadly weapons as weapons or objects that are Inherently Dangerous or Deadly in Some Way or capable of causing bodily injury or death.
This expansive definition could include knives, swords, baseball bats, and even rocks. California also has an inclusive definition of firearms. Any device that uses an explosion or combustion to expel a projectile can be considered a firearm.
Firearm examples may include:
- Rifles
- Shotguns
- Revolvers
- Pistols
Individuals can face charges for brandishing either a loaded or unloaded firearm. A Los Angeles criminal defense attorney can provide more information about examples of deadly weapons.
Brandishing a Weapon or Firearm: Legal Penalties
The court system in California can prosecute brandishing a weapon or a firearm as a misdemeanor or a felony based on the exact circumstances surrounding the charges. The penalties for brandishing a deadly weapon can vary based on the severity of the charges.
Misdemeanor Penalties
The court prosecutes many charges for brandishing a firearm as misdemeanors. A misdemeanor conviction can lead to:
- Fines of up to $1,000
- Up to one year in county jail
These legal consequences for a misdemeanor offense can impact your life for a lengthy period.
Felony Penalties
Individuals may be charged with a felony if they brandish a firearm or a weapon on the property of a daycare center during operational hours.
The prosecution can use felony charges if an individual brandishes a firearm or a weapon around a peace officer. A felony conviction can lead to up to three years in prison.
Note that an individual who actually shoots a firearm can face far harsher charges. Even a charge for negligent discharge can lead to steep penalties in California. A weapon charges lawyer in Los Angeles can go over all the charges used to prosecute gun crimes.
Brandishing a Weapon or Firearm: Legal Defenses
You can focus on building a defense for PC 417 charges by contacting a criminal defense lawyer in Los Angeles right away. A legal professional can go over all aspects of your case. Depending on your unique situation, your lawyer could work to show:
You Were Acting to Defend Yourself or Others
You are legally permitted to defend yourself and others from great bodily harm or death in the state of California. If you drew a weapon or a firearm as an act of defense, you may be able to avoid a conviction under PC 417.
Lawyers may use this defense to help you avoid jail time after an arrest.
You Were Not Being Threatening, Angry, or Rude When Displaying the Weapon
Merely drawing a weapon or a firearm should not be enough to result in a PC 417 conviction. For example, if you took out a new knife you bought to show a friend, you should not face PC 417 charges in the state of California.
A lawyer can establish reasonable doubt to build this common defense and help you avoid time in county jail and fines.
Options to Resolve PC 417 Charges
You can resolve California Penal Code Section 417: Brandishing a Weapon or Firearm accusations to avoid time in county jail, fines, and other penalties. A lawyer may focus on:
Getting Charges Dismissed
The court may dismiss your charges if a lawyer shows that the police officer arrested you without cause. Additionally, the court may dismiss charges if the prosecution lacks enough evidence to secure a conviction.
Getting Charges Reduced
The prosecution may offer a plea deal to reduce your charges in some cases, allowing you to minimize the penalties you face. The prosecution may offer this deal if you do not have prior charges on your criminal record. A lawyer can assess these deals on your behalf.
Representing You in Court
Finally, a lawyer may defend you in court before a judge and jury, helping you avoid days in jail, fines, and additional penalties. You can get help after an arrest for a felony or misdemeanor crime.
Defend Yourself from PC 417 Charges with a Legal Professional
You can get dedicated support dealing with California Penal Code Section 417: Brandishing a Weapon or Firearm charges by contacting the Simmrin Law Group. Let our Los Angeles criminal defense lawyers start working on your case now with a FREE consultation.
Make sure you’re ready to defend yourself in and out of court by completing our online contact form or calling our team. You can learn more about us and discuss your defense today.