Brandishing a Firearm or a Deadly Weapon – Sentence, Punishment California 417(a)(1) PC
Are you or a loved one being charged with brandishing a firearm or a deadly weapon? Under California Penal Code 417, brandishing a deadly weapon, other than a firearm, is a misdemeanor punishable by at least 30 days in the county jail. However, there are several circumstances, such as actually brandishing a firearm, that can increase your sentence beyond this range:
1. Brandishing an unloaded firearm (PC 417(a)(2)(A)):
If you use an unloaded firearm such as a pistol or revolver to threaten someone in public, the sentence increases to a minimum of 90 days and up to one year in county jail and/or a fine of up to $1000.00.
2. Brandishing a loaded firearm (PC 417(b); PC 417.3):
In certain cases, if you threaten someone with a loaded firearm, you can be charged with a felony and you could face from 16 months to 3 years in county jail.
3. Brandishing a weapon or firearm causing serious bodily injury (PC 417.6(a)):
If you intentionally injure someone during the commission of the crime of brandishing a weapon, you can be alternatively charged with a misdemeanor, punishable by up to one year in county jail, or with a felony, punishable by up to 3 years in county jail.
4. Brandishing a firearm in the presence of a peace officer (PC 417(c)):
If you threaten a peace officer on duty with a firearm you can be charged with a misdemeanor, punishable by at least 9 months in county jail, or charged with a felony and could face from 16 months to 3 years in county jail.
5. Brandishing a firearm with intent to resist arrest (PC 417.8):
If you attempt to resist arrest or help someone else to resist arrest by brandishing a firearm, you can be charged with a felony, punishable by 2, 3 or 4 years in county jail.
Probation Terms for Brandishing a Firearm or a Deadly Weapon
Often, the court has the option to sentence you to a term of probation, with or without having to serve some jail time. When you are placed on probation the court will impose specific terms of probation that apply as a resulted of the crime for which you were convicted. These terms of probation may include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- A prohibition from any contact with your victim(s)
- A prohibition from possession any lawful but deadly weapons
- Random alcohol and/or drug testing
- Random searches of your person, home or vehicle
These are only some of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.
California Firearms Restrictions
If you are convicted of brandishing a firearm or a deadly weapon under California Penal Code §417, you may be required to give up your right to own a firearm. Individuals who are prohibited from exercising their California gun rights include:
- felons (that is, anyone convicted of any felony offense in any jurisdiction),
- persons convicted of certain misdemeanor offenses,
- persons who are addicted to narcotics,
- persons who suffer from mental illness, and
- minors (that is, anyone under 18).
California Weapon Laws Pertaining to Felons
Felons are prohibited from exercising their gun rights under Penal Code 12021, California’s “felon with a firearm” law. Penal Code 12021 imposes a lifetime firearms ban on anyone who has been convicted of any felony offense in any state or country.
This lifetime ban also applies to:
- People who have suffered two or more misdemeanor convictions for brandishing a weapon under California Penal Code 417(a)(2), or
- People who have suffered just one misdemeanor conviction for brandishing a weapon under California Penal Code 417(c), and
- Minors who were convicted of any of the above offenses when tried as adults.
Find an experienced weapons charges defense attorney at Wallin & Klarich
If you or someone you care about has been accused of brandishing a firearm or a deadly weapon charge, you need to contact an experienced criminal defense lawyer at Wallin & Klarich right away. With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, West Covina and Victorville, Wallin & Klarich has over 40 years of experience in defending our clients against weapons charges. Our highly skilled and professional lawyers will carefully review the evidence against you to help you to win your case.
Call today at (877) 466-5245 or fill out our confidential form. We will be there when you call.