Under California Penal Code 417, it is illegal to draw or exhibiting a deadly weapon in a threatening or rude manner in the presence of another person.
Prosecutor must establish the following elements of the crime are proved for convicting defendant under Penal Code Section 417
Deadly weapon is any instrument, object or weapon that is inherently deadly or one that is used in such a way that it likely to cause great bodily injury or death. Examples of deadly weapons can include razor blades, knives, pipes and attack dogs.
For the purposes of Penal Code Section 417 PC a firearm is any device designed to be used as a weapon, from which a projectile is expelled or discharged through a barrel by the force of an explosion or other form of combustion. Examples of firearm can include rifles, pistols, shotguns and handguns. The displayed or exhibited firearm does not have to be loaded. Defendant can face charges for brandishing a weapon in case he waves an unloaded gun around in a frenzied or angry or manner.
According to Penal Code Section 417 PC, the defendant must draw or exhibit the weapon in the presence of another person. The defendant can be charged even if he didn’t point the weapon at another one, didn’t fire the gun or the alleged victim didn’t saw the weapon.
Defenses to California Penal Code Section 417 charges include
Under PC Section 417 brandishing a deadly weapon other than a firearm is considered misdemeanor punishable by minimum 30 days and up to one year in a county jail.
There are numerous circumstances that can increase the sentence:
In case the defendant used an unloaded firearm such as a revolver or a pistol to threaten another person in public, the sentence will increase to:
In case the defendant threatened another person with a loaded firearm he will face a felony with 16 months to 3 years sentence in a county jail.
In case the defendant purposely caused injury to another person while committing the crime, he can be additionally charged with:
In case the defendant threatened a peace officer on duty with a firearm he can be charged with:
In case the defendant attempted to resist arrest or help another person to resist arrest by brandishing a firearm he can face a felony, punishable by 2, 3 or 4 years in the state prison.
Do you require legal help from a lawyer near you? If you are located near Los Angeles, California, our criminal defense attorneys at KAASS LAW can provide you with the services you require.
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