California Penal Code 417 PC: Brandishing a Weapon or Firearm Charge

How Can A Brandishing A Weapon Attorney Help Me?

Everyone makes mistakes, but when the police say you brandished a weapon, that mistake can turn into a criminal case overnight. California Penal Code Section 417 PC (sometimes called “section 417” or “417 PC brandishing a weapon”) makes it a crime to show, wave, or draw any deadly weapon or firearm in a rude, angry, or threatening manner or during a fight, except in lawful self-defense. If the district attorney believes you pointed a pistol during a road-rage spat, flashed a knife in a bar, or even raised a baseball bat in a domestic dispute, you could face jail, a lifetime firearm ban, and a scar on your record that follows you forever. Our job as California criminal defense attorneys is to keep that from happening.

Ready to speak with a GUN CHARGES LAWYERS? Contact us now at (888) 702-8845 or contact us online.

What Does It Mean to “Brandish” a Weapon or Firearm?

Under Penal Code 417, a person “draws or exhibits any deadly weapon or firearm in the presence of another person in a rude, angry, or threatening manner, or uses a firearm in any fight or quarrel.”
Put more simply, you brandish a weapon when you:

• Draw, wave, point, or otherwise show a deadly weapon, even for a split second.
• While angry or threatening, or while you fight or quarrel.
• Without a lawful reason, such as true self-defense.

The language of the code section reads:

“Every person who, except in self-defense, in the presence of another person, draws or exhibits any firearm, or any deadly weapon whatsoever, in a rude, angry, or threatening manner, or who uses a firearm in any fight or quarrel, is guilty of a crime.”

Is Brandishing a Weapon a Felony?

Brandishing a weapon or firearm, or deadly weapon can be prosecuted as either a misdemeanor offense or as a felony. The latter is possible if:

• The incident happens on school grounds or in daycare (mandatory minimum jail).
• The weapon is a loaded firearm, and you allegedly aimed it at an on-duty police officer.
• You caused or attempted great bodily injury.

A felony filing means exposure to three years in a California state prison instead of months in county jail.

Difference Between Displaying and Threatening Behavior

Simply showing a pistol at a gun shop is legal; showing it to intimidate crosses the line. Prosecutors look for:

• Tone of voice
• Body language (raised arm, lunging motion)
• Context, like argument, road rage, bar fight
• Witness fear reaction

A weapon tucked in a belt that accidentally becomes visible usually is not enough to prove you brandished a weapon.

Elements of the Crime

To convict under Penal Code 417, the prosecutor must prove all of these elements beyond a reasonable doubt:

• You drew or exhibited a deadly weapon or firearm in the presence of someone else.

• You knew you were drawing or exhibiting it.

• You did so in a rude, angry, or threatening manner, or you used the weapon in a fight.

• You were not acting in lawful self-defense or defense of others.

A “deadly weapon” is any object inherently deadly or used in a way capable of causing serious bodily injury or death – knives, guns, clubs, even a glass bottle if wielded like a dagger.

Common Examples of Brandishing a Weapon

• Road-Rage Incidents – One driver pulls a handgun and flashes it after being cut off.
• Domestic Disputes – A spouse waves a kitchen knife during a heated argument.
• Bar or Nightclub Conflicts – Someone lifts a pool cue, threatens to strike, and shoves patrons back.
• Neighborhood Fights – A resident points a stun gun at teens during a noise complaint.
• Parking-Lot Confrontations – A shopper raises a tire iron after a near-collision.

Each scenario can lead to brandishing a weapon or firearm charges, even if no shot was fired or a stab was delivered.

Penalties for Violating Penal Code 417 PC

Violations range from misdemeanor to felony, depending on weapon type and location.

Standard misdemeanor (gun or deadly weapon)

• Maximum Jail / Prison: 3 months to one year in county jail 
• Maximum Fine: $1,000
• Other Consequences: Misdemeanor conviction, summary probation, weapon forfeiture

Aggravated misdemeanor (brandish firearm in a public place)

• Maximum Jail / Prison: Up to 1 year
• Maximum Fine: $1,000
• Other Consequences: Mandatory 3-month minimum jail, 10-year gun ban

Felony – weapon at a school daycare

• Maximum Jail / Prison: 16 mos / 2 yrs / 3 yrs in state prison
• Maximum Fine: $10,000
• Other Consequences: Felony conviction, lifetime gun ban, and formal probation are possible

Felony – firearm by an on-duty peace officer

• Maximum Jail / Prison: Up to 3 years
• Maximum Fine: $10,000
• Other Consequences: Strike offense under the Three Strikes Law

Misdemeanor vs. Felony Charges

• Weapon type – Firearms escalate punishment faster than knives.
• Victim status – Threatening a peace officer invites felony filings.
• Location – Schools, daycare centers, or occupied vehicles trigger harsher terms.
• Prior record – A previous assault with a deadly weapon or similar strike offense raises the stakes.

Aggravating Factors

• Weapon loaded or concealed, then drawn.
• Minor children present.
• The victim suffered bodily injury.
• Gang allegations or the use of an assault weapon.

Any of these can transform a simple Penal Code Section 417 PC count into multiple felonies.

Legal Defenses to Brandishing a Weapon Charge

A skilled criminal defense team attacks both facts and law:

Self-Defense or Defense of Others

If you brandished only after a credible threat (for example, someone lunged at you with a bat), you may be legally justified. We present witness statements, 911 calls, or surveillance video showing you reacted reasonably to protect life.

No Threatening Behavior

Maybe you cleaned your gun on your porch, and a neighbor panicked. Showing a weapon calmly, without anger or threats, is not “rude, angry, or threatening.”

No Deadly Weapon or Firearm

A plastic BB gun, a closed pocketknife, or even a cell phone mistaken for a pistol might not legally qualify. We bring in experts to demonstrate that the object was not capable of causing great bodily injury.

Additional strategies include:

• Mistaken identity – Poor lighting, cross-racial identification errors.
• No intent – Weapon visible by accident, not during a quarrel.
• Police misconduct – Illegal search, coerced statement, or incomplete Miranda warning.

The goal: create reasonable doubt or win a complete dismissal.

Immigration Consequences of a 417 Conviction

A brandishing a weapon can devastate non-citizens:

• Deportation of non-citizens, especially if the case involves a firearm or violence.
• Being deemed “inadmissible” blocks green-card renewal or re-entry into the United States.

Immigration-safe plea bargaining is critical. We often negotiate non-violent misdemeanors, like simple disturbing the peace, to protect status.

Expungement and Post-Conviction Relief

California lets many defendants expunge a PC 417 record if they:

• Complete probation (formal or summary).
• Finish any jail term and pay fines.
• Avoid new arrests.

Once the court dismisses the case under Penal Code 1203.4, most employers cannot use it against you. We also file firearm rights restoration petitions when eligible.

Impact on Gun Rights

• Any felony conviction under section 417 results in a lifetime firearm ban.
• Even a misdemeanor involving a firearm triggers a 10-year ban.
• Federal law may impose broader prohibitions.

We work to reduce felonies to misdemeanors, seek alternative charges, or pursue expungement to restore rights.

Contact a California Criminal Defense Lawyer

Being accused of brandishing a weapon is terrifying. Prosecutors push for jail, judges worry about public safety, and employers see violence in a background check. You need immediate, aggressive representation.

Our firm provides:

• 24/7 response—an attorney, not an answering service.
• Decades of Los Angeles criminal defense experience beating Penal Code 417 counts.
• Former prosecutors who know how the DA builds cases for having brandished a firearm.
• A network of private investigators, ballistics experts, and use-of-force specialists.
• Clear flat-fee quotes and payment plans.

Whether you faced a tense road-rage clash, a misunderstanding at home, or a bar altercation gone wrong, we can help. Call (888) 702-8845 or fill out our online form today. We’ll review police reports, analyze the code section, and craft a defense aimed at dismissal, acquittal, or the most favorable plea—protecting your freedom, your record, and your future.