Brandishing a weapon or firearm, Penal Code 417 PC, is just one of California’s gun laws. Drawing, exhibiting or using a firearm or deadly weapon in an angry or threatining manner, is prohibited. This is commonly referred to as “brandishing” a weapon. A conviction for this subjects you to a jail or prison sentence.
The following facts must be proved in order to be convicted of brandishing a weapon.
(1) That you drew or exhibited a deadly weapon or firearm in the presence of another person,
(2) That either you did so in a rude, angry, or threatening manner, or
(3) You did so unlawfully in a fight or quarrel, and that you were not acting in self-defense or in the defense of another person at the time.
A good criminal defense attorney will be familiar with the common defenses that should be preseted on your behalf. Some of them include:
(1) Self-Defense or defense of others;
(2) You did not brandish the weapon in an angry and threatening manner;
(3) False allegations and/or wrongful arrest.
One of the consequences for being convicted of this crime may be a life-time ban from possessing fire arms. People are often shocked to learn this. While it is made clear at the time of conviction that there is a ten year ban, what people don’t understand is that, under federal law, and depending upon the circumstances of the situation, a conviction can result in a life-time ban as well.
If you have been arrested and/or charged with brandishing a weapon or firearm, or any gun related charge, in Orange County, you should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.