Brandishing Deadly Weapon or Firearm

Brandishing a deadly weapon or firearm is a serious crime under California law. The consequences can include imprisonment or jail time. Aside from the immediate penalties, certain long-term effects can often be overlooked. A conviction for this crime could haunt you wherever you go. For instance, it can affect your interaction with the police and your ability to rent a place to live or secure a job in the future.

If you are facing allegations for something similar, you should contact a skilled criminal defense lawyer. We at the Law Offices of Anna R. Yum in San Diego are well-versed in California criminal law and can help you navigate the legal process.

An Overview of Brandishing a Deadly Weapon or Firearm Crimes Under California Law

The provisions of California PC 417 define brandishing a deadly weapon or firearm. It states that displaying, showing, waving, presenting, or exhibiting a firearm or a dangerous weapon in an intimidating or threatening manner is considered an offense. To be more precise, this offense takes place if:

• A lethal weapon is brandished. Brandished implies that the defendant either waved, showed, displayed, presented, exhibited, or shook the weapon.
• The object used is considered a deadly weapon. This could include a sword, firearm, kitchen knife, butcher cleaver, metal pipe, hammer, brick, bat, or any other potentially lethal object.
• The object used has the potential to cause death or inflict severe physical harm.
• The accused person engages in an intimidating manner.
• The defendant displays the weapon in an impolite, angry, or intimidating manner.
• Another individual is present during the argument.
• The defendant used the lethal weapon or firearm during a heated debate or fight.

A person can be charged under PC 417 even if they did not directly point the weapon at another person. You could also face charges for simply displaying the lethal weapon to another individual. However, this does not apply in cases where the accused person acted in self-defense.

Elements of the Offense

The prosecutor needs to prove the accused committed certain aspects of the offense beyond a reasonable doubt. These elements include the following:

• The accused person brandished or displayed a firearm or lethal weapon in front of another person.
• The defendant acted in an impolite, hostile, threatening, or intimidating manner.
• The accused did not act in self-defense or defense of another person.

The alleged weapon or firearm doesn’t necessarily have to have been used or pointed at the person who was supposedly the victim or witness. The accused person needs to display the firearm or deadly weapon and exhibit threatening behavior.

In addition, if the crime was committed on public property, in front of minors, or on government land, the prosecution will work hard to secure a conviction. Furthermore, if the crime was committed on public property, in front of minors, or on government land, the prosecution will strive to secure a conviction.

Engaging a skilled criminal defense attorney could mean the difference between receiving the minimum punishment or a reduced one.

Potential Offenders For Brandishing Deadly Weapon or Firearm Crime

The following examples show how PC 417 applies to individuals who may be accused of brandishing a weapon or firearm. Depending on the specifics of the case, you could also face charges for more than one offense.

Defendant Brandishing a Deadly Firearm While Concealed

A motorist honked at a defendant who was crossing the street. Feeling furious, the defendant raised their shirt to display a gun on their belt. The defendant started walking towards the driver’s side. A motorist honked at a pedestrian crossing the street. In response, the pedestrian, feeling furious, lifted their shirt to reveal a pistol in their waistband. The pedestrian then began moving towards the driver’s side of the vehicle. The driver reversed, drove away, and subsequently reported the incident.

In this situation, the defendant could be charged under PC 417, brandishing a deadly weapon, even though he or she never removed the weapon from his or her waistline or aimed it at someone. The defendant reacted angrily to the driver’s honk even though the firearm was only visible for a brief moment before the shirt covered it.

In addition, the defendant could be charged under PC 25400 for having a concealed firearm if they do not possess a valid permit to carry the weapon.

Disturbing the Peace and Brandishing a Firearm

Matt and Sheila were arguing on the sidewalk. As the argument intensified into a yelling battle, Matt rushed into the backyard and grabbed a hammer. He kept yelling and cursing at Sheila while holding the hammer. Someone passing by reported the incident to the authorities.

In this case, Matt and Sheila were hostile and used foul language loud enough to disrupt other people. Both could be prosecuted under California PEN 415 for disturbing the peace.

Although Matt did not use his hammer, dashing into his backyard to grab it mid-argument while holding it openly during a heated argument would be intimidating. This intimidating behavior could serve as grounds for a deadly weapon or firearm violation under PC 417.

Battery and Brandishing a Weapon

Carol and Keith were playing golf. Keith became increasingly irritated that Carol was outperforming him. Carol taunted and laughed at Keith gleefully. Keith yelled at Carol before tackling her to the ground. He reached for his golf driver and raised it above her head as if he were about to hit Carol. Before Keith could strike, the caddie stepped in to de-escalate the matter.

In addition to charges for battery under PC 242, Keith could also be charged with brandishing a deadly weapon under PC 417. The golf club can cause significant injury or death to another individual.

Using a Weapon to Threaten Someone Else

Cate was at the gym, working out. She prepared her equipment for a bench press but needed to use the washroom. Before leaving the set, Cate indicated that she had occupied the bench by placing her water bottle and towel on it. When she came back, Mary had moved her belongings so she could use the equipment. Cate expressed her disappointment, saying she was still using the bench.

Mary disregarded her, which led to a heated argument. Cate became enraged and grabbed a 25-pound dumbbell, threatening Mary with it. The gym staff intervened just in time to stop her from hurting anyone.

Cate can be charged with brandishing a lethal weapon just for grabbing the equipment and holding it in an intimidating way during a heated argument. A dumbbell, particularly one weighing twenty-five pounds, has the potential to kill or seriously injure anyone it strikes.

Although Cate never touched Mary, and their disagreement remained verbal, she moved around with the dumbbell as if she were about to toss it or strike her with it. In this case, Cate could face charges under PC 417 for brandishing a deadly weapon.

Legal Defenses Against PC 417 Charges

If you are facing charges for brandishing a deadly weapon or firm, you can face serious consequences. Fortunately, you can engage an experienced criminal defense attorney. They are well-versed in several common legal arguments that can help you.

The following are some legal arguments that your lawyer can raise in opposition to PC 417 charges of brandishing a deadly weapon or firearm.

Lack of Intimidation

One element to consider in this crime is whether the accused person showed frustration, issued threats, or was angry while brandishing the lethal weapon or firearm. If this element were not present, you would not be tried for brandishing a deadly weapon.

As Tonya excitedly showed her new pistol to her neighbor Smith, he jumped in shock. Tonya’s roommate witnessed the scene from across the room and immediately tackled Tonya and called the authorities.

Tonya’s roommate misinterpreted the situation, so they shouldn’t hold Tonya guilty for brandishing the weapon. She intended only to show it to Smith, who responded with surprise and not fear. In this case, Tonya didn’t exhibit any aggressive, rude, threatening, or intimidating behavior that would generally result in a conviction.

You Acted In Self-Defense

In some cases, a defendant can brandish a deadly weapon or firearm for self-defense. If a defendant believed that he or she was in danger of death or serious injury and only brandished or used the weapon to protect himself or herself, they shouldn’t be charged with PC 417.

For instance, a passerby intentionally bumped into a defendant as they returned home from work. The individual then blocked the defendant’s way and refused to allow them to go through. Fearing for their lives, the defendant took out a pen knife and completely exposed its blade. A passing police officer became aware of the situation and pulled over. The defendant was taken into custody and accused of brandishing a weapon before he or she could explain.

Fortunately, a passerby witnessed the incident and intervened to defend the accused. In this case, an unidentified person deliberately ran into the defendant before attacking them. When the stranger blocked the defendant from finishing their walk home, the defendant was then detained against their will. The accused opted to stand up for themselves because they believed getting assistance at such a late hour would be challenging.

Even though the accused brandished a weapon, they shouldn’t be convicted of PC 417. The defendant only acted because they believed their life was in danger.

Prosecutorial Misconduct

The role of a prosecutor in criminal proceedings is to prove to the court that the accused is guilty beyond any reasonable doubt by presenting evidence against them. In this case, the prosecutor has no right to unjustly condemn the accused or try to persuade the court of law to issue a more severe penalty. The court can reduce or drop the charges against you if you demonstrate such misconduct.

False Allegations

Retaliation, jealousy, or anger can lead to false allegations among people. False accusations could also arise from minor misunderstandings that quickly escalate.

For example, Bill and his partner, Chantel, were arguing loud enough to attract the attention of their neighbors. Instead of shouting back, Chantel grabbed his phone and tossed it on the floor. She then went into the kitchen and broke all of his glasses. In retaliation, Bill grabbed her favorite crystal vase and raised it above his head, warning her not to break his things, or he would do the same with hers.

One of their neighbors went out to check things out and saw Bill through the window. The neighbor reported Bill to the police for brandishing a potentially dangerous weapon. Without knowing the full context, the neighbor made this accusation. The neighbor did not hear what was happening, so they based their allegations on their observations. The neighbors reported Bill for brandishing a potentially dangerous weapon to the police. Someone made this claim without knowing all the details.

While the law enforcement officers were arresting Bill, Chantel locked herself in her room. They disregarded his explanation when they saw the damage to the household items and accused Bill of violating PC 417. Fortunately, with the assistance of a criminal defense attorney, they obtained the full account of what transpired from Chantel. The accusations were withdrawn when they aligned with Bill’s version of what happened.

Penalties for Brandishing a Firearm or a Deadly Weapon

The majority of PC 417 charges lead to consequences of a misdemeanor. On the other hand, you could be charged with a misdemeanor or felony if the weapon in question was brandished on childcare premises while operating or in the presence of police officers exercising their official duties.

In the event of a misdemeanor conviction, you might spend up to a year in jail. If you are found guilty of a felony, you could face up to 3 years in prison.

Sentencing Enhancement

A sentencing enhancement occurs when the court determines that your sentence should be increased due to the underlying factors. Fortunately, most enhancements to sentences for multiple gun crimes are not applicable under this law.

For instance, if you use a firearm to engage in a felony crime under PC 417, you’ll be ineligible for a sentence enhancement. This is because the personal use of any weapon to commit a crime does not always necessitate the use of a deadly weapon.

Brandishing a lethal weapon can still result in a sentencing enhancement under PC 417. If you perpetrate a crime while associated with or for the sake of an illegal criminal gang, you will most likely face an additional term for the original offense. However, the prosecution needs to demonstrate that your actions are meant to promote, assist, or further the gang’s unlawful activities. If this is proven true, the judge will increase your sentence by 2 to 4 years behind bars.

Suppose you brandish a firearm or a lethal weapon and cause serious bodily injury to another individual. In that case, you will be subject to penalties under PC 417 for brandishing a weapon and causing the victim’s injuries.

Here are some things that you could expect if it’s considered a wobbler crime:

1. The penalties for misdemeanors include:

• Summary probation.
• Serving no more than a year behind bars.

2. The penalties for felony crimes include:

• Felony probation.
• Serving not more than three years in prison.

Being convicted of brandishing a firearm or deadly weapon could harm someone’s immigration status. This could result in rejection for re-entry into the US and possible deportation.

These punishments do not cover any potential legal consequences the defendant could encounter from the other individuals. For example, purported victims may file a lawsuit seeking punitive damages. This implies the court would impose additional financial implications on the accused party. This could entail covering the victim’s counseling or medical expenses, lost wages, and legal fees.

Crimes Related to Brandishing a Deadly Weapon or Firearm

Someone could be charged with several crimes commonly associated with PC 417. The list below only includes a few examples of similar offenses.

Carrying a Concealed Dagger or Dirk

This law forbids carrying or owning a concealed knife, dirk, or dagger that could be used as a weapon to stab someone else, resulting in significant harm or death.

Carrying a Concealed Weapon

Carrying or owning a concealed firearm, whether it be in a car or on your person, is considered a crime under California PC 25400.

Assault With a Lethal Weapon

This crime occurs when a defendant uses a lethal weapon to assault or attack another individual. Assault is defined as the illegal attempt to intentionally injure another person with a deadly object other than a firearm.

Assault with a Firearm

California PC 245a2 makes it illegal to assault another individual or attempt to inflict a violent injury on another individual using a gun.

Assault on a Public Official

According to this law, it is illegal to intentionally cause a public official physical harm or attempt to cause them harm while carrying out their legal responsibilities. The penalties for such a crime are more severe than a simple assault.

Penalties for Related Crimes

If you are convicted of multiple crimes, you could face additional penalties and longer jail sentences. This means that you may have to serve sentences for each offense separately, one after the other, if you are sentenced to jail or prison time.

Carrying a Concealed Dagger or Dirk

Possible misdemeanor penalties for PC 21310 charges include serving no more than a year behind bars, summary probation, and a fine of one thousand dollars. On the other hand, the possible penalties for a felony crime include up to 3 years in jail, formal probation, and a $10,000 fine.

Carrying a Concealed Weapon

Penalties for a misdemeanor crime include a maximum of 1 year behind bars, summary probation, and a $1,000 fine. The penalties for a felony crime include serving formal probation for a maximum of one year, spending two, three, or sixteen months behind bars, and paying hefty fines not exceeding $10,000.

Assault with a Lethal Weapon

Penalties for a misdemeanor include informal probation, paying fines not exceeding $1,000, or serving not more than a year behind bars. Penalties for a felony include formal probation, a maximum of $10,000 in fines, and a four-year term in prison.

Assault Using a Firearm

Misdemeanor penalties range from 6 months to 1 year of jail time, summary probation, and fines up to $1,000. Felony penalties entail formal probation, 2 to 4 years imprisonment, and fines capped at $10,000.

Assault on a Public Official

The penalties for a misdemeanor crime may involve informal probation, a one-year jail term, and a maximum fine of $1,000. On the other hand, the penalties for a felony include two, three, or sixteen months behind bars, formal probation, and a $10,000 fine.

Can This Offense Lead To Deportation of Non-Immigrants?

A conviction could have detrimental effects on immigration. Firearm crimes can mean the following:

• Deportation of non-citizens.
• Immigrants are deemed “inadmissible”.

This implies that a brandishing conviction could have negative consequences if the accused used a weapon or firearm in the act.

Expungement of a Conviction

If you’re found guilty of this offense, you could be eligible to have your criminal record erased, provided that you:

• Complete probation.
• Complete your jail term.

If you infringe on the terms of your probation, you could still be able to have the offense expunged. However, this would be at the discretion of the judge. An expungement absolves you of almost “all limitations and penalties” resulting from the conviction under PC 1203.4.

Are My Gun Ownership and Possession Rights Affected By a Conviction?

You could lose your right to own or carry firearms if convicted under PC 417.

California law prohibits convicted individuals from possessing or owning a firearm. The same applies to individuals convicted multiple times under California PEN 417.

As a result, you could lose your firearm ownership rights if:

• The crime is classified as a felony.
• You’ve been found guilty more than once under this statute.

Contact a San Diego Criminal Lawyer Near Me

If you are charged with brandishing a firearm or a deadly weapon, it would be beneficial to retain the services of a professional criminal attorney. The California criminal justice system can be complicated, particularly for first-time offenders. Therefore, you need the right guidance to navigate the legal process. In addition, you will need a competent criminal lawyer’s assistance to build a solid argument against the charges you face.

Our experienced San Diego criminal attorneys at the Law Offices of Anna R. Yum will walk with you from the beginning to the end. We know how devastating a maximum penalty can be, and we’ll fight tirelessly for your rights. Call us now at 619-493-3461 if you are charged with brandishing a deadly weapon or firearm.