CALIFORNIA Brandishing a weapon DEFENSE LAWYER
Have You Been Cited With Brandishing A Weapon? Your Job, Record And Livelihood Could Be In Jeopardy!
In California, being charged with the crime of brandishing a weapon can have outcomes that could affect you for the rest of your life. Not only can it be charged as a felony where you could face jail time with hefty fines, but you could have a record that follows you for life—a record that would make it extremely difficult to obtain a job or lawfully own a weapon. Do not face these charges alone; let Weber Law help you today!
California Brandishing a Weapon Charges and Penalties
What is the statute?
Any person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who, in any manner, unlawfully uses a deadly weapon, other than a firearm, in any fight or quarrel, is guilty of brandishing a weapon.
Every person who, except in self-defense, in the presence of any other person, draws or exhibits any firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who, in any manner, unlawfully uses a firearm in any fight or quarrel, is guilty of brandishing a weapon.
A deadly weapon can range from a firearm to a knife, or even a golf club. A deadly weapon is any weapon that can be used in such a way that it is capable of causing and likely to cause the death or great bodily injury of another.
What is the Punishment?
The punishment for brandishing a weapon varies depending on the severity of the weapon used.
Any person who is found guilty of drawing or exhibiting any deadly weapon whatsoever, other than a firearm, can be punished by imprisonment of not less than 30 days.
Any person who is found guilty of drawing or exhibiting a firearm, whether unloaded or loaded, can be punished by imprisonment of not more than one year, a fine of not more than $1,000.00, or both.
Any person who is found guilty of drawing or exhibiting a loaded firearm in a rude, angry, or threatening manner, or who in a manner, unlawfully uses any loaded firearm in any fight at a daycare or on daycare grounds, can be punished by imprisonment ranging from 16 months to 3 years.
Any person who is found guilty of drawing or exhibiting a loaded firearm in a rude, angry, or threatening manner, in the immediate presence of a peace officer, can be punished by imprisonment ranging from 9 months to a year.
As the sentence varies depending on the facts of the crime, it is important to have an attorney who is knowledgeable about the law and who will advocate for you in order to get the lowest sentence possible. A sentence reduction is possible, but not without competent legal help.
Even as a Defendant, you still have Rights! Make sure yours were not violated!
Even as an individual facing criminal charges, you have rights, and it is important to know those rights and make sure that they were not violated in any way when you were arrested or charged. Without extensive knowledge of your rights when it comes to police searches, Miranda rights, and your rights when it comes to arrest, it is extremely difficult to get a dismissal or reduction. Do not try and fight these charges on your own; Weber Law is ready to help you today.
Contact Weber Law immediately if you’ve been cited on a brandishing a weapon charge. We offer a free confidential case evaluation – serving Los Angeles and the surrounding areas.
What Can You Do If You Have Been Charged With Brandishing A Weapon And How Can WEBER LAW Help You?
If you have been cited for brandishing a weapon in the state of California, there are a few ways Weber Law can fight for you. Whether it is negotiating to lower the charge to a lesser crime, reducing your fine amount, making sure you do not have a record, reducing your jail time, making sure you keep your right to bear arms, or defending you at trial, Weber Law will work for you every step of the way. By becoming familiar with potential evidence, such as your prior criminal record, employment records, and character witness testimony, Weber Law will make sure to look at all the details of your case. At Weber Law, we are experienced in defending these charges, winning these cases, and getting you back out in the world to live your life free of criminal charges. If you or anyone you know has been cited for brandishing a weapon in the state of California, call Weber Law today for a consultation.
CA Penal Code § 417, Drawing, exhibiting, or using firearm or deadly weapon; self defense; peace officers
A Los Angeles, California Criminal Defense Attorney Can Help You
Weber Law will aggressively fight for your rights. Contact us today!
We believe that justice is an idea that can triumph only when living people make it so. We are dedicated to justice. We wish to run a business that is at once profitable while allowing us to promote the rights of our fellow community members. We will stand for the poor when they are in need and their cause is just. We will work for any responsible business. We will represent all races, creeds, religions, sexes, sexual orientations, and backgrounds.
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