Brandishing a Firearm Penal Code 417
California Brandishing or Drawing a Firearm Penal Code 417 PC?prohibits “drawing, exhibiting, or using a firearm or deadly weapon”. This offense is commonly referred to as “brandishing” a weapon. If you “brandish” a weapon or firearm in a rude, angry, or threatening manner, prosecutors could charge you with this offense.?
If you have been arrested and accused of branding or drawing a firearm?or?deadly weapon?under Penal Code 417, we invite you to contact our office for a free consultation with an highly experienced weapons charges?criminal defense attorney in Los Angeles, CA. Don’t wait to seek help, while the prosecution prepares their case against you. Your freedom is the best investment you can make.?Consequently, the choice of legal representation is highly important to the outcome of your drug offense case. How your case is handled from the outset can have a huge impact on the success of your defense strategy before and during trial.
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In order to be charged with California Penal Code 417 — Drawing, exhibiting, or using firearm or deadly weapon; self defense; peace officers, prosecutors must prove the following elements:
- Defendant took out, exhibited or drew a firearm?or other deadly weapon;
- In the presence of another person; and
- Defendant did so in a rude, threatening or angry manner, or, you did so unlawfully while engaged in a fight or argument
- Defendant was not acting in self-defense or defending another person.
Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.
If the violation occurs in a public place and the firearm is a pistol, revolver, or other firearm capable of being concealed upon the person is punishable by (1)?Imprisonment in a county jail for not less than three months and not more than one year and or (2) A fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.
Every person who, except in self-defense, in the presence of any other person, draws or exhibits any loaded firearm in any manner, unlawfully uses any loaded firearm upon the grounds of any day care center, or any facility where programs, including day care programs or recreational programs, are being conducted for persons under 18 years of age, including programs conducted by a nonprofit organization, during the hours in which the center or facility is open for use, shall be punished by (1) Imprisonment in the state prison for 16 months, or two or three years, or (2) Imprisonment in a county jail for not less than three months, nor more than one year.
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