California Penal Code 417

Are you facing charges for Brandishing? Violation of Penal Code 417 can be a misdemeanor offense. Those convicted of PC 417 violations can face months in jail and severe penalties. At MacGregor & Collins, LLP, our attorneys have decades of experience assisting those facing charges for brandishing several types of weapons and can help you evaluate your options. Call or fill out our contact form today to obtain a free consultation and become better informed.

 

PC 417 Defined

 

According to California Penal Code 417, anyone who willfully shows or uses a weapon in an insulting or intimidating manner is defined as brandishing.

 

In order to prosecute for Orange County Brandishing, the state has the burden to prove you were not acting in self defense and are guilty of:

 

  • Intentionally presented a weapon or firearm in the presence of someone else
  • Being aware that your actions would be perceived as a threat or is insulting
  • You did so during a clash or fight

 

Potential Penalties for CPC 417 Violations

 

The penalties or punishment for Brandishing penal code offenses depend on a number of factors including what type of weapon was brandished. Brandishing can be filed under (felony or misdemeanor), and those found guilty can face:

Misdemeanor:

 

  • Showing a deadly weapon during a brawl:  Up to 30-days in the Orange County Jail minimum
  • Showing a firearm during a brawl: 3-6 Months in the Orange County Jail

 

Other Potential Penalties:

 

There are other circumstances where brandishing can be charged as a felony. This includes if you carry out this act in front of an officer, if it took place around a school, and it depends on the school, or if it took place at the scene of another community service activity. The situation depends, in which case the crime can be elevated as a felony with more fines and more prison or jail time.

 

If you are facing brandishing charges for Penal Code 417, there are several opportunities that you may be able to take advantage of. Contact a MacGregor & Collins, LLP attorney today to find out how we can help you avoid common mistakes as well as harsh penalties and fines.

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