Brandishing a Weapon Charges in California
Contact California Gun Authority Virginia L. Landry for a Free Consult
By law, it is illegal to “brandish” a weapon in California. Brandishing a weapon can include drawing a knife, pulling out a gun, or waving a deadly weapon in a threatening, menacing, or angry manner. In contrast to assault with a deadly weapon, the charge of brandishing a weapon does not require that you use or attempt to use a deadly weapon or object to cause injury or harm to another person; merely exhibiting the so-called weapon in the presence of another person can result in an arrest.
If you have been charged with brandishing a weapon in California, contact the Law Offices of Virginia L. Landry right away. We can help you build a solid defense aimed at protecting your rights and securing your future.
What Are the Penalties for Brandishing a Weapon in California?
As in most cases, the penalties for brandishing a weapon will depend on a variety of factors. Everything from the type of weapon allegedly exhibited to your personal criminal history can play a role in potential penalties. If you are in the presence of a police officer or on the grounds of a school or daycare center, you may face harsher penalties. If you are charged with brandishing a firearm that is prohibited by California state law, you may also face illegal firearm possession charges.
Generally speaking, the penalties for brandishing a weapon in California include but are not limited to:
- 30 days in county jail for drawing a deadly weapon in a threatening, rude, or aggressive manner
- 3 to 6 months in county jail for drawing a firearm in a threatening, rude, or aggressive manner
- 3 months to 1 year jail time and up to $1,000 in fines for brandishing a revolver, pistol, or similar firearm that is capable of being concealed on your person in a public place
- 3 months 1 year in county jail or 16 months to 3 years in state prison for drawing a firearm (loaded or unloaded) on the grounds of a childcare center that is open
- 9 months to 1 year in county jail or 16 months to 3 years in state prison for brandishing a firearm (loaded or unloaded) in the presence of an on-duty peace officer
In order for the prosecution to establish that you “brandished” a weapon, they do not need to demonstrate that you used the alleged weapon or that the alleged victim was harmed or even saw the weapon. These strict laws are almost never in your favor.
Choose the Law Offices of Virginia L. Landry
If you have been accused of brandishing a deadly weapon, it is crucial that you remember you still have rights. One of these rights, granted under the U.S. Constitution, is the right to be presumed innocent unless proven guilty. At the Law Offices of Virginia L. Landry, we are passionate about protecting our clients’ rights and fighting for their futures. Our California weapons offense attorney, known as the Gun Queen, is incredibly knowledgeable about state gun laws and, with over 30 years of criminal defense experience, she is well-positioned to aggressively advocate for you in the courtroom.
Don’t hesitate to schedule your free consultation today; call (888) 272-6668.