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Brandishing a Weapon Lawyers

Brandishing a Weapon Lawyers
Brandishing a weapon is a crime outlined in California’s penal code. But what exactly does it mean? What is the difference between legally using a weapon and brandishing it?

According to the California law, it is illegal to show off or draw your deadly weapon in any threatening, angry, or rude way. Using the weapon to fight someone also counts as brandishing it. When you do use the weapon, you can be subject to additional serious charges. The crime can range from relatively mild to very serious, and it mostly depends on what kind of weapon you brandish.

You should get in contact with a lawyer immediately if you have been accused of brandishing a weapon. They can help create a defense strategy.

For a prosecutor to obtain a conviction for this crime, they need to prove several things:

  • You showed off or pulled out a gun or deadly weapon.
  • The action was taken in front of someone else or multiple other people.
  • The action was threatening, rude, or angry.

Depending on the circumstances, there might also be a need to prove that you didn’t have a legal right to brandish the weapon. For example, if you brandished a weapon to defend yourself, you might be exempt from the charge. But you will need to prove that the other person posed a threat to you.

Deadly Weapons and Firearms

The definition of firearms and deadly weapons is important to understand.

Deadly weapons include any weapon that is intended to be used in a way that creates serious bodily injury or death. If the weapon is likely to cause death, it counts as a deadly weapon, even if a person doesn’t threaten to use it with deadly force. Serious bodily injury means an injury that could result in death if it isn’t treated.

Razor blades and knives are considered deadly weapons because of the damage they can do through stabbing, harming the internal organs, and blood loss. Brandishing a pipe is also considered brandishing a deadly weapon because a pipe is heavy enough to cause serious damage when swung. There have even been cases where attack dogs were considered deadly weapons. Threatening to sic attack dogs on people constitutes brandishing a weapon in the state of California.

Firearms have a slightly more rigid definition. They include devices built for use as weapons that send projectiles through a barrel using combustion or explosives. This definition covers basically all guns on the market, including shotguns, rifles, handguns, and pistols. Even if the weapon is not loaded, you can still be charged with brandishing it.

Consequences for a Conviction

The consequences range from mild to severe, depending on the situation. Some situations are charged as misdemeanors, while other cases are charged as felonies. Several factors impact the charges, including what kind of weapon was shown, who your victim was, and whether you have any past criminal history.

The crime is a misdemeanor if you brandish a deadly weapon without doing harm with it. If you are convicted of this crime, you could pay a 1,000 dollar fine and spend a maximum of 30 days in jail.

You can be charged with a misdemeanor if you brandish an unloaded gun, which is a more serious offense. This crime comes with a punishment of at least 90 days in jail and a maximum of one year in jail.

If you brandish a loaded gun, you might be charged with a misdemeanor or felony. Felony charges come with punishments of up to three years in prison along with 10,000 dollars in fines. In addition, you’ll have to face penalties for whatever other charges accompany the situation.

You might also be charged with either a felony or misdemeanor if you brandish a gun at a daycare center. The same is true of brandishing a gun in the presence of police. On top of this, it’s possible that you will have your right to own a gun or deadly weapons taken away.

Defending Against the Crime

The prosecutor must prove that you committed the crime beyond a doubt. One of the biggest aspects that must be proven is that you committed the action in an angry or rude way. You can present evidence showing that you did not intend for the action to be disrespectful or rude. If you successfully do this, it will be harder for the prosecutor to prove the crime was committed.

You might also defend yourself if the prosecutors charged the wrong person, or if you have been falsely accused. Additionally, if you accidentally displayed the weapon instead of taking it out on purpose, you cannot be guilty of the crime. You may also be able to defend yourself if the prosecution can’t prove you had a deadly weapon or gun.


Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
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Mesonista parsons
2021-03-05
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My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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