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?
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.