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Brandishing a Firearm or Deadly Weapon

Are you facing charges for brandishing a firearm or deadly weapon in Los Angeles?

Pursuant to California Penal Code Section 417 it is a crime to brandish a firearm or a deadly weapon. Brandishing a weapon is defined as drawing or exhibiting a weapon in a rude, angry, or threatening manner, or unlawfully using it in a fight.

Some examples of this offense include pulling out a knife and pointing it at someone, waiving a baton at another person, or opening your coat to reveal that you have a gun.

Brandishing a firearm or deadly weapon is a serious offense, and should not be taken lightly. If you are facing charges for brandishing a firearm in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.

Los Angeles Criminal Defense Lawyer Miles Booth

Los Angeles Criminal Defense Lawyer

How does the prosecution prove that I am guilty of Brandishing a Firearm or Deadly Weapon?

CALCRIM 2150 lays out the elements that the prosecutor must prove for you to be found guilty of being brandishing a firearm or deadly weapon in California. To be convicted of brandishing a firearm or deadly weapon under Penal Code Section 417 the prosecutor must prove beyond a reasonable doubt that you;

  • Drew or exhibited a firearm or deadly weapon in the presence of another person;
  • In rude, angry, or threatening manner; or
  • Unlawfully used the firearm/ or deadly weapon in a fight or quarrel; and
  • You did not act in self defense

Lets take a closer look at how the court defines these elements;


Firearm

The court defines a firearm as 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. Additionally, the firearm doesn’t even need to work so long as it was designed to shoot, and looks like it is capable of shooting.

Deadly Weapon

A deadly weapon is defined as any object or weapon that is inherently deadly or that is used in such a way that it is capable of causing and likely to cause death or great bodily injury. Great bodily injury is any significant or substantial physical injury.

How can I defend myself against Brandishing a Firearm or Deadly Weapon charges?

Being charged with brandishing a firearm or deadly weapon can be overwhelming. These charges are aggressively prosecuted and your freedom is in jeopardy. A skilled Los Angeles criminal defense attorney can be your greatest asset in fighting these charges, restoring your good name, and protecting your liberty.

Some of the most common legal defenses to a brandishing a firearm or deadly weapon charge are that you;

  • Were acting in self-defense, or in the defense of someone else
  • Displayed the weapon to someone in a non-threatening manner
  • Did not exhibit a deadly weapon, as defined in the law, in someone else’s presence

Just because you have been accused of, or charged with brandishing a firearm or deadly weapon does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth, to discuss how to best defend your case.

What are the Penalties for a Brandishing a Firearm or Deadly Weapon conviction?

In most circumstances brandishing a firearm or deadly weapon is charged as a misdemeanor.

Misdemeanor Brandishing a Firearm or Deadly Weapon

A misdemeanor conviction may result in;

  • Probation; and
  • Between 30 days and one year in county jail; and/or
  • A $1,000 fine

It is important to note that by statute there is a mandatory minimum 30 day jail sentence for a brandishing conviction.

Felony Brandishing a Firearm or Deadly Weapon

If you brandish a firearm on the grounds of a day-care center during business hours, or brandish a firearm in the presence of an on duty police officer you may be charged with a felony and face up to 3 years in state prison.

Contact Los Angeles Criminal defense attorney miles booth

A conviction for brandishing a firearm or deadly weapon in Los Angeles can have serious consequences. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy. It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. He has handled thousands of cases throughout Los Angeles County and will aggressively defend you to get the best outcome possible.

To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

Weapon Crimes


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Los Angeles Criminal Defense Lawyer
Phone:
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