California Penal Code Section 417 PC: Brandishing a Weapon or Firearm

California Penal Code Section 417 PC Brandishing a Weapon or Firearm

Brandishing a weapon is a serious offense. In California, you can be convicted under Penal Code Section 417, even if no one was physically harmed.

When facing criminal charges, The Law Offices of Justin E. Sterling understands what’s at stake. Backed by decades of criminal defense experience in Los Angeles County, our firm can fight to protect your freedom. Contact us today for a consultation to learn more about your legal options when facing weapons charges.

What Is Penal Code Section 417 PC?

California Penal Code Section 417 makes it a crime to draw, exhibit, or use a deadly weapon in a rude, angry, or threatening manner. You can be charged whether the weapon is used or not. The law applies to all types of deadly weapons, including firearms, knives, and blunt objects.

“Brandishing” means showing or handling a weapon in such a way that could reasonably cause fear or intimidation. The law distinguishes between various scenarios:

  • Brandishing a weapon other than a firearm
  • Brandishing a firearm
  • Brandishing a firearm in the presence of a peace officer
  • Brandishing on school grounds or in public places

Each type of conduct carries different consequences. Even a moment of poor judgment—like flashing a weapon in the middle of a heated argument—can lead to serious charges.

Examples of Brandishing a Weapon

California courts interpret “brandishing” broadly. You can be charged even if you never intended to inflict serious bodily injury or didn’t think your actions were threatening. Some common examples include:

  • Pulling a knife during an argument at a bar
  • Flashing a handgun while yelling at someone in traffic
  • Waving a baseball bat during a dispute with a neighbor
  • Showing a firearm during a confrontation at a public event
  • Raising a weapon during a protest or group confrontation

You also don’t need to verbally threaten someone to face charges. If a person reasonably feels threatened by how you displayed or handled the weapon, prosecutors can pursue a case.

What Do Prosecutors Need to Prove for a Brandishing Firearm Conviction?

To convict under CA Penal Code 417, the prosecution must prove the following elements beyond a reasonable doubt:

  1. You drew or exhibited a deadly weapon or firearm – The law applies to both loaded and unloaded firearms, as well as other dangerous weapons.
  2. You did so in a rude, angry, or threatening manner – Simply showing the weapon may not be enough. The context and behavior matter. If your actions were aggressive or intimidating, prosecutors may have grounds for a case. For example, showing a weapon during a heated argument typically qualifies. Calmly cleaning unloaded guns in front of your child’s date could fall into a gray area.
  3. You were not acting in lawful self-defense or defense of others – Self-defense is a valid legal justification for brandishing a weapon. However, it must meet specific legal criteria, including that you faced an imminent threat and responded with proportional force.

The burden of proof lies with the government. If the evidence doesn’t clearly show that your actions were intentional or threatening, your defense attorney may be able to negotiate for dismissed or reduced charges.

Penalties for Brandishing a Weapon

Penalties for brandishing a weapon in California vary depending on the circumstances. Penal Code 417 can be charged as a misdemeanor or felony. The level depends on the weapon, the setting, and whether anyone else was present.

Here’s how penalties typically break down:

  • Brandishing a deadly weapon – This is a misdemeanor offense, punishable by up to 30 days in county jail.
  • Brandishing a firearm in public – This is a misdemeanor offense, with a mandatory minimum sentence of three months and a maximum of one year in county jail.
  • Brandishing a firearm in the presence of a law enforcement officer – This is a felony offense, punishable by 16 months, two years, or three years in state prison.
  • Brandishing a firearm on school grounds or daycare property – This is a felony offense, with a potential sentence of 16 months, two years, or three years in state prison or up to a year in the county jail.
  • Brandishing a weapon at someone cleaning graffiti or vandalism – This is a misdemeanor, with a minimum of three months and up to one year in county jail.
  • Second or subsequent offenses – Repeat offenses are often charged as felonies. They may result in increased jail or prison time.

In addition to jail or prison time, a misdemeanor or felony conviction can result in:

  • Probation with strict conditions
  • Mandatory community service or anger management
  • A permanent criminal record
  • Loss of firearm ownership rights under California and federal law
  • Immigration consequences for non-citizens

Hire an experienced defense attorney as early as possible to preserve your legal options.

Defenses Against Penal Code Section 417 PC Charges

Some common legal defenses to California Penal Code 417 charges include:

  • Self-defense or defense of others – You are legally allowed to defend yourself if you reasonably believe that you or someone else is in imminent danger. However, your response must be proportionate to the threat. For example, you can’t shoot someone who is merely yelling at you.
  • Lack of intent – The prosecution must prove that you acted in a threatening or angry manner. If you drew or handled the weapon without hostile intent, your attorney may argue that your conduct doesn’t meet the elements of the crime.
  • False accusations – In some cases, accusations may be exaggerated or fabricated. This is especially common during personal disputes or confrontations. Eyewitness testimony, surveillance footage, and inconsistencies in police reports can be used to challenge the prosecution’s claims.
  • Insufficient evidence – The burden of proof is on the state. If the evidence against you is weak or contradictory, your attorney may move to have the case dismissed or charges reduced.
  • Constitutional violations – If your rights were violated during the investigation, key evidence may be excluded from the case. This often happens after unlawful searches or illegal arrests.

A strong defense strategy can lead to dismissed charges, reduced penalties, or alternative sentencing options.

Discuss Your Case with a California Criminal Defense Attorney

Every weapon-brandishing case is different. You deserve an attorney who takes the time to understand what really happened and works with you to build a strong defense. The Law Offices of Justin E. Sterling has spent over two decades defending people throughout Los Angeles and the surrounding areas.

Call the Law Offices of Justin E. Sterling today for a confidential consultation with an experienced criminal defense lawyer. We’ll review your charges, explain your options, and advocate for the best possible outcome.