Brandishing accusations in California are serious, but the core element of the crime, intent, is often due to a misunderstanding. A skilled defense attorney can, in most cases, clear up any confusion with law enforcement regarding the brandishing of a weapon. However, in some cases, you may need to build a strong defense to convince a judge or jury that your display of possession of a weapon was not meant to intimidate and therefore legal.
San Diego Attorney for Brandishing Charges
If you face charges related to brandishing, you need to secure the representation of an attorney immediately. Do not talk to the police if you are arrested have your weapon confiscated. Tell them you want a lawyer, and contact the Law Offices of Michael E. Cindrich.
Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with an firearm-related crime, you need to contact him immediately. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.
Information Center for Brandishing
- What is Brandishing a Weapon?
- Penalties for Brandishing in California
- Brandishing a Weapon FAQ
- Additional Resources
- Hire an Attorney for Brandishing Charges in San Diego County
What is Brandishing a Weapon?
Under Penal Code Section 417, brandishing a weapon occurs when someone draws or shows a deadly weapon or firearm in the presence of another person in a rude, angry, or threatening manner. It can also include using a weapon in a fight or quarrel unlawfully. A “deadly weapon” refers to any object capable of causing significant bodily injury or death, whether inherently dangerous or used in a threatening way.
California law is strict, and even imitation firearms, such as BB guns or toy guns, fall under Penal Code Section 417.4 if they are used to threaten someone. In fact, a firearm does not even need to be loaded for someone to be charged. Simply pointing or drawing it in a way that causes reasonable fear of harm can lead to serious legal consequences.
Penalties for Brandishing in California
The penalties for violating Penal Code Section 417 depend on the circumstances of the incident. Brandishing a deadly weapon, other than a firearm, is generally charged as a misdemeanor, punishable by at least 30 days in jail.
If the weapon is a firearm, the penalties increase. For instance, drawing a firearm in public, under Section 417(a)(2)(A), carries a mandatory minimum of three months in jail and a fine of up to $1,000.
Enhanced penalties apply when brandishing occurs in specific settings. For example, under Penal Code Section 417(b), brandishing a loaded firearm near a daycare or youth program can result in up to three years in state prison. Similarly, Section 417.3 makes it a felony to brandish a firearm at someone in a moving vehicle, with a sentence of up to three years and fines reaching $3,000.
Finally, brandishing a firearm in the presence of a police officer, especially at a police officer, is punishable by a minimum of nine months in jail.
Brandishing a Weapon FAQ
What is the difference between brandishing and self-defense?
Brandishing a weapon, as defined in Penal Code Section 417, involves drawing or using a weapon in a threatening or angry way. Self-defense allows for the use of reasonable force, including displaying a weapon, to protect oneself or others from immediate harm. The key difference lies in the intent and circumstances of the act. See CALCRIM 3470 (California Jury Instructions).
Does the weapon need to be loaded to face charges?
No, under Penal Code Section 417(a)(2), the firearm does not need to be loaded for a person to be charged with brandishing. Displaying an unloaded firearm in a threatening way can still result in a conviction. See CALCRIM 983.
Can you face charges for displaying an imitation firearm or laser pointer?
Yes, under Penal Code Section 417.4, it is illegal to exhibit an imitation firearm in a threatening manner that causes someone to fear bodily harm. Similarly, Penal Code Sections 417.25 and 417.26 make it a crime to aim or display a laser pointer in a way that causes fear, especially when directed at police.
Additional Resources
California Senate Bill 2 (Passed in 2023) – This source provides the full text of California Senate Bill 2. Mainly SB2 revised regulations for issuing concealed carry firearm licenses, removed good moral character requirements, and expanded restrictions on where firearms can be carried. It includes updates for license applications, denials, and revocations and addresses compliance duties for local licensing authorities.
Firearms in California: Data from the Santa Clara County District Attorney’s Office – Learn about statistical data and trends about firearm-related crimes in California, with a focus on Santa Clara County. This resource discusses gun-related offenses, gun enhancements in criminal cases, firearm sales trends, and the use of Gun Violence Restraining Orders (GVROs). Readers can learn about local efforts to reduce gun violence, including intelligence programs and educational initiatives on California gun laws.
State Laws and Published Ordinances – California – This guide, published by ATF, provides an overview of California firearm statutes and codes. It includes information on laws governing firearm possession, sales, transfers, storage, and use. The source highlights prohibited acts, regulations, as well as guidance for law enforcement, attorneys, and the public.
California Department of Justice Firearm Safety Laws – This piece from the California Department of Justice touches on firearm safety laws, including regulations on concealed carry permits, background checks, and gun safety certifications. It offers insights into compliance with California’s firearm statutes, helping individuals and businesses tackle legal requirements for gun ownership and usage.
Hire an Attorney for Brandishing a Firearm Charges in San Diego, CA
Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with a firearm crime, you need to contact him immediately. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.