Brandishing a Weapon Charges in Orange County Under Penal Code 417

A brandishing charge often comes out of a single moment that got out of hand, a road-rage encounter, a neighbor dispute, or a heated argument. It is usually a misdemeanor, and it is a lesser charge than assault, but it still needs to be taken seriously. 

As an Orange County Criminal Defense Lawyer, Attorney Will Bruzzo of the Law Offices of William Bruzzo helps people understand what a Penal Code 417 charge really involves.

What Does Penal Code 417 Actually Make Illegal?

Penal Code Section 417 has three basic elements: a person drew or exhibited a weapon in someone else’s presence, did so in a rude, angry, or threatening manner or used it unlawfully in a fight, and did not act in self-defense.

Several points surprise people. A firearm does not have to be loaded, the other person does not have to have actually seen the weapon, and the weapon does not have to be pointed at anyone. Simply displaying it in anger can be enough.

How Is Brandishing Different From Assault or ADW?

The key difference is intent. Brandishing does not require an intent to harm anyone. Displaying a weapon in anger is brandishing, while an actual attempt to injure someone, coupled with the present ability to do so, is what moves conduct into assault under Penal Code Section 240 or assault with a deadly weapon under Section 245.

That line matters, because assault and assault with a deadly weapon carry far more serious exposure than a brandishing charge.

What Are the Penalties for Brandishing a Weapon in Orange County?

The penalty depends on the type of weapon and the circumstances:

• A deadly weapon other than a firearm: a misdemeanor with a minimum of 30 days in county jail.
• A concealable firearm in a public place: three months to one year in county jail, a fine of up to $1,000, or both.
• A firearm in other circumstances: a misdemeanor with a minimum of three months.
• At a peace officer or at a day care or youth facility: a wobbler that can be filed as a felony and can reach state prison.

A conviction involving a firearm can also affect a person’s firearm rights, which is one more reason these charges deserve careful attention.

How Does Self-Defense Apply, and Where Will an OC Case Be Heard?

Self-defense is built into the statute itself. Because acting in self-defense is not covered by Section 417, a genuine self-defense claim can be a complete defense to a brandishing charge, an idea reflected in the standard jury instructions on self-defense.

Where a case is heard follows where it happened. Orange County routes these matters through the Central Justice Center in Santa Ana, the Harbor Justice Center in Newport Beach, the North Justice Center in Fullerton, and the West Justice Center in Westminster. Mr. Bruzzo has handled these cases in those courts for over 30 years.

Talk With an Orange County Criminal Defense Lawyer About a Brandishing Charge

A brandishing charge often reflects a moment, not a pattern, and it deserves a defense that puts that moment in context. The Law Offices of William Bruzzo brings over 30 years of Orange County criminal defense experience to these cases.

Call (714) 547-4636 or contact us online today for a completely free, confidential consultation. We are available 24/7. El Abogado Habla Español.