California Penal Code Section 417
by
Randy Collins on Feb. 23, 2012
Criminal Felony Criminal Misdemeanor
Summary: Brandishing under California Penal Code Section 417, is a criminal offense and it is normally filed as either a misdemeanor or felony. Brandishing is when someone deliberately takes out a weapon in a way that would be threatening or offensive.
Brandishing under California Penal Code Section 417, is a criminal offense and it is
normally filed as either a misdemeanor or felony. Brandishing is when someone deliberately
takes out a weapon in a way that would be threatening or offensive.
Example
A common illustration of Brandishing is when someone during a fight takes out a knife to scare the other party.
Elements of the Crime
In order to take an Brandishing CPC 417 case to trial, certain elements of the crime will have to be proven. These may include one of the following:
· That the defendant willfully showed off a weapon/firearm in another person’s presence
· The defendant was aware that this action would be taken as offensive or intimidating
· The defendant showed off the weapon during a brawl
Punishments for CPC 417
These penalties are to be determined by a judge and he/she will make a decision based on the circumstances surrounding the case, the individual’s criminal history, and the weapon used.
When found guilty of Brandishing, it is usually filed as either a misdemeanor or felony, which includes:
As a Misdemeanor:
Brandishing a deadly weapon is a misdemeanor that’s punishable by up to one month in jail
Brandishing a firearm is a misdemeanor that’s punishable by up to three to six months in jail
As a Felony:
Brandishing in the vicinities of a school, in front of a police officer, or in other circumstances determined by the code is filed as a felony, in which case the sentencing of fines and jail time is increased.
Legal Defenses for California Penal Code 417
A good lawyer can present many legal and valid defenses for Brandishing charges under California Penal Code 417 to prove someone’s innocence. MacGregor and Collins is based in Orange County, California, and has successfully defended those who were falsely accused of Brandishing. Call (949) 250-6097 to speak to a lawyer, should you be on trial for Brandishing.
Learn more about other California Section Penal Codes here.