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  • -In Penal Code section 417, California law

  • defines brandishing a weapon as drawing, exhibiting,

  • or using a deadly weapon in a rude, angry,

  • or threatening manner.

  • So if you point a gun at somebody,

  • if you draw a switchblade and threaten someone with it,

  • if you lift up your shirt to demonstrate

  • that you have a gun in your waistband,

  • and this is in a threatening manner,

  • then those are examples of brandishing a weapon.

  • Now, brandishing a weapon is a serious crime.

  • It can be charged as a felony or a misdemeanor.

  • Even as a misdemeanor, it can result in you losing your right

  • to own, possess, or use firearms in the future.

  • There's a couple of typical defenses in a brandishing case.

  • One is to say that our client didn't do it.

  • And, as with any crime, it's not uncommon for false accusations

  • to be made for a variety of reasons.

  • But another typical defense is to say

  • that our client did brandish the weapon,

  • but did so in self-defense.

  • So it might be a situation where our client legitimately felt

  • threatened, was being harassed, was

  • being intimidated by the accuser and so displayed,

  • or brandished a weapon, in order to quell the situation,

  • in order to get the person to back off and leave them alone.

  • And it wasn't really to incite further violence.

  • It was to stop violence from occurring.

  • If we can show that it was legitimate self-defense, then

  • we can almost always get the brandishing charge dismissed.

  • I had a client recently who was charged

  • with brandishing and displaying a gun to another driver

  • on the freeway, a road rage incident.

  • And my client was arrested.

  • But when I spoke with my client and his witness,

  • what I found out is that the other driver

  • was harassing him and threatening him.

  • And he did have a gun and he did display it,

  • but he displayed it in order to get the other person

  • to leave him alone.

  • I was able to get a statement from my client,

  • and the witness, and bring it to the district attorney.

  • And when they looked at all of the evidence,

  • they decided not to prosecute.

-In Penal Code section 417, California law

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揮舞武器 (Brandishing a Weapon | )

  • 11 2
    Amy.Lin 發佈於 2021 年 01 月 14 日
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