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.
