Brandishing a weapon is a significant legal issue for attorneys representing clients in various jurisdictions, including California. Penal Code Section 417 (PC 417) outlines the parameters and consequences associated with this offense. This overview aims to provide a comprehensive understanding of the legal implications surrounding brandishing a weapon, enhancing the knowledge of practicing attorneys in this area of law.
What Does “Brandishing a Weapon” Mean?
As an example of a legal definition of the term brandish, it should be noted that brandishing is the exhibition or display of a weapon, such as a handgun or another form of deadly weapon, in a way that threatens or intimidates someone. This is the definition of brandish as it should exist under PC 417 [1], and it therefore occurs in a “rude, angry or threatening manner” and is observable to another person.
A distinction must be drawn between carrying or displaying a weapon and its brandishing, which would be beyond the pale for lawyers. Carrying the weapon may, in appropriate circumstances, be lawful especially where carried with the permit to carry it as a concealed weapon, but brandishing a weapon involves an intent to frighten or intimidate others. This can be useful to separate the ability to determine whether an individual’s conduct is within the meaning of the crime of brandishing.
Legal Consequences and Penalties of PC 417 Brandishing a Weapon in California
Violations of PC 417 carry severe legal consequences. Penalties for brandishing a weapon vary depending on the weapon brandished, as well as the circumstances under which the act takes place.
Misdemeanor vs. Felony Offenses
- Misdemeanor Penalties: Typically, illegal possession of a weapon [2] is a misdemeanor. Some possible penalties include up to six months in county jail, in addition to fines up to $1,000. Of course, the weapon being a firearm may make the penalties more severe.
- Felony Charges: If the individual brandishes a firearm in the presence of an officer or near a school, for example, the charges would become felonies. For PC 417, a felony conviction [3] will mean serving lengthy periods in state prison, one to three years. The existing sentences are enhanced with more prior convictions [4] or when the action inflicted great bodily injury.
Determinants in Plea and Charge Penalties
The context surrounding brandishing a weapon will determine the severity of the penalty. For instance, people committing crimes in public, or where the victims just so happen to be children, can get more severe sentences. The criminal defense lawyer must consider all these contextual factors when they advise the client on the charge related to brandishing.
Difference Between a Deadly Weapon and a Firearm
The definition of deadly weapons[5] as against firearms must form a legal analysis.
- Deadly Weapons: Any object is a deadly weapon if it could when used with an intent to cause injury or death, result in the latter. Such weapons include knives, bats, and even household implements when used aggressively.
- Firearms: A firearm is a weapon that expels projectiles by explosive force. Firearms are held up to higher standards in California law because they are dangerous weapons capable of inflicting grievous injury or death.
Legal practitioners have to tread very carefully in these definitions when handling cases involving allegations of brandishing a weapon as it has affected the nature of charges filed as well as the potential defenses available.
Assault with a Deadly Weapon vs. Brandishing
The difference between assault with a deadly weapon and brandishing is some grounds for criminal defense:
- Assault with a Deadly Weapon: This crime entails proof that a person had an intention to cause or inflict a threat of causing harm with a deadly weapon. Also, it entails making an actual threat, which is an attempt or actual infliction of injury on another person.
- Brandishing: In this case, brandishing does not require a criminal intent to inflict harm but is instead addressed towards an exhibition or demonstration of displaying the weapon menacingly. A defendant may be convicted of brandishing a weapon regardless of their criminal intent to utilize the weapon against another person.
This is an important difference in the eyes of defense attorneys when attempting to represent their clients accused of either of the crimes.
Crimes Related to the Brandishing of a Weapon
Certain offenses are closely related to brandishing a weapon, and legal professionals should be aware of these for comprehensive case preparation:
- Criminal Threats: If explicit threats accompany the act of brandishing, additional charges with severe sentencing may apply.
- Unlawful Use of a Deadly Weapon: This charge arises when a weapon is displayed or used without legal justification.
- Assault Charges: If brandishing a weapon occurs during an altercation with intent to threaten or harm, assault charges [6] may also be filed.
Understanding these related offenses enhances an attorney’s ability to develop well-rounded defense strategies for clients facing multiple charges linked to brandishing.
Legal Defenses to Brandishing a Firearm
The following are some of the available defenses for the person charged under PC 417 for brandishing a weapon:
Self-Defense or Defense of Another Person: If he fairly believed that he was likely to suffer imminent serious bodily harm or imminent death, the person will be able to argue that their actions were justified under the precept of self-defense or defense of another. This defense must be proven as establishing the reality and imminence of the threat involved.
Lack of Intent: Evidence that it was not in fact an act meant to terrorize can sometimes be crucial. Thus, for example, a person who threatened or waved a weapon during an argument might assert this as a reasonable defense for the crime of waving a weapon.
Mistaken Belief: When the accused acted within his perception of what he thought was sanctioned under the law but was mistaken as to the facts surrounding the incident—this may significantly lower liability.
A professional criminal defense lawyer has a great role to play in the argumentation of such defenses, critically analyzing evidence and establishing reasonable doubt about the claims of the prosecution. Their technical expertise is critical in navigating very intricate legal settings that accompany accusations of brandishing.
Since complexity is thus mandated among lawyers on account of the critical aspects of the brandishing of a weapon provision under California law, the case can range from a misdemeanor with a minor jail term to a serious felony, in light of other important considerations such as circumstances and previous convictions. Notions of understanding the involved codes and how defenses might be applied amid all this enable attorneys to better represent their clients in more complex brandishing allegations cases.
For those seeking professional guidance on brandishing or related legal matters under California law, it is essential to consult a highly qualified attorney. Our lawyers at Manshoory Law are eager to help with your difficult situation. Get more information or seek professional advice about charges for brandishing as well as other related cases by contacting our office for professional guidance specific to your case.
References
-
California Code, PEN 417. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=417
-
Manshoory, S. (2016, August 29). California concealed carry laws and regulations. Manshoory Law Group, APC. https://manshoorylaw.com/blog/concealed-weapons-and-californias-complex-set-of-regulations/
-
Manshoory, S. (2016, December 19). Misdemeanor, felony and “Wobbler” offenses in California. Manshoory Law Group, APC. https://manshoorylaw.com/blog/misdemeanor-felony-and-wobbler-offenses-in-california/
-
Manshoory, S. (2017, February 13). How do my prior convictions affect my current case? | Manshoory Law. Manshoory Law Group, APC. https://manshoorylaw.com/blog/the-impact-of-past-convictions-on-current-prosecutions/
-
California Code, PEN 16590. (n.d.). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=16590
-
Manshoory, S. (2020, December 28). What is the Difference Between a Simple Assault and an Aggravated Assault in California? Manshoory Law Group, APC. https://manshoorylaw.com/blog/what-is-the-difference-between-a-simple-assault-and-an-aggravated-assault-in-california/