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California Brandishing A Weapon Attorney – Penal Code 417 PC

How Can A Brandishing A Weapon Attorney Help Me?

A criminal charge can upend your life well before the trial starts. The stress and fear of what may happen can ruin your day. Fortunately, you don’t have to suffer. If the state accuses you of brandishing a deadly weapon, you should immediately contact a knowledgeable California gun charges lawyer. As soon the state charges you, you can count on the award-winning attorneys from My Rights Law. Our mission is to fight aggressively, strategically, and tirelessly to protect your freedom. Call us at (888) 702-8882 or contact us through our secure web form to take advantage of your free consultation today.

What Is Brandishing A Weapon?

Brandishing A Weapon occurs when you draw or exhibit a deadly weapon either in a:

  • rude, angry, or threatening manner; or
  • fight or quarrel. [1] [2]

It does not matter whether the deadly weapon, if a firearm, is loaded or unloaded. It is still a violation of the law to brandish it. Keep in mind that a deadly weapon is any object capable of causing great bodily injury or death. In other words, your deadly weapon does not have to be a gun. Your deadly weapon can be a knife, baseball bat, or other objects. [3]

For example, suppose you and a friend get into a spat. Your unzipped your jacket and revealed that you had a dagger on your person. In this case, there’s a strong argument that you brandished a deadly weapon. Or suppose you needed money and decided to rob a local passerby by pulling out a gun. This is also a strong case for brandishing a deadly weapon.

Is This A Misdemeanor Or Felony?

Brandishing a deadly weapon is a misdemeanor offense.[4] However, as with other misdemeanor offenses, you should not take this charge lightly. A misdemeanor charge can cause long term consequences.

What Are The Penalties?

If a jury convicts you of drawing a deadly weapon, there is a mandatory minimum of thirty days in jail. However, the judge may not sentence you to more than six months in county jail. There are exceptions to this penalty. If you used a deadly weapon during an altercation, such as striking someone in the head, the judge might sentence you from three months to one year in jail. The judge may also order you to pay a fine of up to $1000. The penalty increases to a maximum of three years in prison if you show your deadly weapon to a law enforcement agent.

What Are My Defenses?

Defenses can be available depending on the circumstances of your case. Having a skilled criminal defense attorney on your side can greatly improve the outcome of your case. For defenses tailored to the unique circumstances of your case, consult with one of our attorneys. Common defenses to the charge of brandishing a weapon include:

Self-Defense

Suppose someone attacks you, and you brandish a weapon in self-defense. If you’re in fear of your life or reasonably believe you’re in imminent danger, you may be justified in pulling out a weapon. [5]

Did Not Brandish

Suppose the deadly weapon fell out of your clothing. Suppose you took out this weapon to place it elsewhere. Under either circumstance, you didn’t show your weapon in a threatening, rude, or angry manner.

Not A Deadly Weapon

Violating the law requires that you draw a deadly weapon. If a weapon is determined to be non-deadly, then you have not violated the law. Thus, if you show a weapon that is not deadly, the jurors may find you not guilty, or the case can be dismissed.

Is Brandishing A Weapon An Expungable Offense?

There is a myth that California automatically expunges misdemeanors. Unfortunately, this is not true. A misdemeanor conviction can stay on your record for years. You must submit expungement paperwork to get most misdemeanors removed from your criminal record. The expungement process can be four or more months. Furthermore, there is no guarantee that the penal system will accept your request. The penal system will not accept your request if you are on probation, including misdemeanor probation.

Why Choose My Rights Law?

If a California police officer accuses you of committing a crime, you should hire a qualified criminal defense lawyer. You’ll want reputable lawyers who are not easily intimidated by big-name prosecutors. You’ll want experienced attorneys who know what they’re doing. Unfortunately, many criminal defense lawyers can make you promises they don’t keep. It’s not until the judge sentences you that you realize you didn’t hire the right attorney. Thankfully, you don’t have to wait until it’s too late. At My Rights Law, we check off all the boxes you should want your defense attorneys to have. Consider:

  • Does the law firm have successful case results?
  • Does the law firm have numerous positive testimonials and reviews?
  • Is the law firm’s location convenient?
  • Is the law firm accessible?

If you have been charged with brandishing a weapon or firearm, it is crucial that you consult with My Rights Law Los Angeles criminal defense attorneys immediately. Brandishing a deadly weapon could be punishable by years in prison. Criminal defense lawyers at My Rights Law will provide you with guidance and direction as to the charges. Contact us to learn more about how we can protect your rights.

Case Results

CBS, FOX, ABC, and NBC have featured our law firm. In 2016, the prestigious Avvo awarded us their Clients’ Choice award for criminal defense. AvvoRating rated us “excellent” for criminal defense. In other words, you can rest assured that your case is in good hands. As a result of our successes, we are not shy about sharing our wins. After all, we could not have earned such recognition if we did not have the case results to back up our reputation. Browse our case results and decide for yourself.

Testimonials

We can tell you anything, so we understand that you might be curious about what others say about us. Fortunately, we make that easy for you by providing testimonials from our previous clients.

Locations Served

We believe in defending the freedoms of California residents, so we don’t want the location to be an issue. The area should never be why you don’t get the defense team you deserve and need. Therefore, we have offices in multiple locations, including Los Angeles County, San Bernardino County, Riverside County, and Orange County. For a complete list of our offices, along with addresses and contact numbers, please visit our website.

Accessibility

We want to be easily accessible so that you can reach us during emergencies and at your convenience. We have a 24/7 phone and online service. You may even email us. We understand that arrests don’t only occur during business hours, so your access to us should be restricted to standard nine to five hours either.

We are not only accessible regarding location and contact. We are accessible to you financially, as well. We are one of few law firms that accept credit cards and bitcoin. We also have payment plans available. Remember, our goal is to defend your freedom. Your financial hardship shouldn’t limit the quality of excellent legal representation you experience.

California Criminal Defense Attorney

You don’t want to take on the police alone. If the police have arrested you for brandishing a deadly weapon, My Rights Law provides unsurpassed representation. Call us at (888) 702-8882 or contact us by filling out our secure to take advantage of your free consultation today.

Other gun charges crimes we defend include: Ghost Gun

FOOTNOTES
[1] California Penal Code Section 417 PC
[2] CALCRIM No. 983 – Brandishing Firearm or Deadly Weapon
[3] People v. Sanders (1995) 11 Cal.4th 475
[4] California Penal Code 417 PC
[5] Judicial Council of California Criminal Jury Instruction 3470

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