Brandishing a weapon or firearm is a crime under 417 PC. It is a misdemeanor crime that can carry serious penalties.
417 PC Legal Definition
417 PC says it is illegal to brandish a firearm or deadly weapon. The definition of brandishing is to exhibit or draw a weapon. It also includes using a weapon. To be charged for brandishing a weapon under 417 PC, you must have done so in a threatening, rude, or angry manner. The purpose could be to intimidate someone or even to force them to take action.
In order to receive a conviction under 417 PC, the prosecutor must prove:
- The defendant had a deadly weapon in their possession
- The manner in which the deadly weapon was displayed was angry, rude, or threatening
- The defendant used the weapon in a fight or quarrel in an unlawful manner
- The defendant was not acting in self-defense or defending someone else
In California, people are allowed to own weapons and firearms; they are even allowed to carry them on their person. However, 417 PC makes it illegal to threaten someone with a weapon. Doing so carries huge criminal penalties.
The legal definition of a deadly weapon is an object or instrument that can cause serious bodily injury or even death. If the object or weapon cannot usually cause death but could in the way it is wielded, then it is classed as a deadly weapon. This definition of a deadly weapon is used in 417 PC cases.
A defendant can be charged under 417 PC if they brandish a weapon in an argument, but they cannot be charged under 417 PC if they are just showing their friend a new weapon they purchased.
Legal Defenses to 417 PC
If charged under 417 PC, then you need to contact a criminal defense lawyer to help you build a legal defense. They will be able to pick the best legal defense for your circumstances in order to reduce the charges or get them dismissed completely. Some of the common legal defenses to a 417 PC charge are:
- Self-defense
- You were brandishing a weapon but not in a threatening, rude, or angry manner
- The weapon you were brandishing does not meet the legal definition of a deadly weapon
- You were not brandishing a weapon around other people
It is perfectly legal to brandish a deadly weapon or firearm in order to defend yourself or another person. The law allows for you to claim you acted in self-defense even if you brandished the weapon in a threatening manner. For example, if someone attempts to mug you, you can brandish a firearm or deadly weapon in order to scare the attacker away. The threat must be an immediate danger in order to claim self-defense.
417 PC Penalties
Brandishing a weapon 417 PC incurs a misdemeanor offense. It carries a penalty sentence in county jail of 30 days and up to 1 year. It may also result in fines of up to $1,000.
There are some circumstances that may increase the jail sentence:
- Causing injury when brandishing a weapon. This will not be charged under 417 PC, but 417.6(a) PC. Depending on the severity of the injury, it may be charged as a felony.
- If the weapon is an unloaded firearm, then the minimum jail sentence increases to 90 days, and there may be a fine of up to $1,000. This will be charged as 417(a)2 PC instead of 417 PC.
- If the weapon is a loaded firearm, then it is a felony, and you will face 16 months up to 3 years in jail. This is not charged under 417 PC, but 417.3 PC or 417(b) PC.
- If you brandish a firearm in order to resist arrest or to help another person resist arrest, then it is a felony that carries a jail sentences of up to 4 years. This will not be charged under 417 PC, but it will be charged under 417.8 PC.
- If you brandish a firearm around a law enforcement officer, then it could be charged as either a misdemeanor or felony. It carries at least 9 months jail sentence but could be up to 3 years. This will be charged not as 417 PC but 417(c) PC.