35+ Years Criminal Defense Experience in California


Orange County Weapons Charges Attorneys Answer Brandishing a Weapon FAQs – PC 417

Your Orange County weapons charges attorneys at Wallin & Klarich provide you with answers to the most commonly asked questions pertaining to the the crime of brandishing a deadly weapon, gun or a firearm accordingly to California Penal Code 417 PC. However, if you or your loved one is currently being charged with violation of California’s weapons laws, we encourage you to  please contact our experienced attorneys in order to receive immediate answers to your questions pertaining to your particular case. We will get through this together.

1. Is brandishing a deadly weapon in Orange County charged as a misdemeanor or felony?

Are you or a loved one being charged with Brandishing a Weapon in Orange County? Call our experienced attorneys today.
Charged with violation of California Penal Code 417 for Brandishing a Firearm or a Deadly Weapon? 

It depends. If this is your first offense for brandishing a deadly weapon, not involving a firearm, it  will be charged as a misdemeanor punishable by 30-days to up to a year in county jail under California Penal Code §417. If you have any prior misdemeanor convictions on your record for brandishing a weapon, the punishment will likely increase.

If your offense involved the use of an unloaded firearm, a misdemeanor is charged; however the sentence range will increase to 90-days and up to one year in county jail, and/or a fine not more than $1000.00.

If you use a loaded firearm to threaten someone, the offense is a “wobbler” and may be charged as either a misdemeanor, punishable by at least 90-days and up to one year in the county jail; or as a felony, punishable by 16 months to 3 years in county jail.

If you brandish a firearm, whether loaded or unloaded, in the presence of an on-duty peace officer, the offense is also a wobbler. In this case, the minimum sentence is 90-days in jail for a misdemeanor charge and up to 3 years in county jail.
If you attempt to resist arrest or help someone else resist arrest, the offense is charged as a felony and punishable by 2, 3, or 4 years in county jail.

2. Can I be convicted of brandishing a firearm in Orange County even though I used a fake gun?

Yes. It is a misdemeanor to threaten someone with an imitation firearm and punishable with a minimum sentence of 30 days in the county jail.

3. What happens to my weapon or firearm if I am convicted of brandishing a deadly weapon in Orange County?

When a person is convicted of brandishing a deadly weapon they own, the court can order that the weapon or firearm be deemed a nuisance and order the weapon to be disposed of.

Where can I find the best criminal defense lawyer to represent me?

If you or someone you care about has been arrested on a weapons charge, it is vital that you contact Wallin & Klarich’s Orange County weapons charges attorneys right away. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has aggressively defended clients facing weapons charges for over 30 years. Our highly skilled and professional attorneys have the knowledge and the experience to help you to win your case.

We will get through this together. Call today at (877) 466-5245 or fill out our confidential form. We will be there when you call.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials


    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
Get In Touch
Contact Info
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar


Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2021 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.