self-defense - Law Offices of William W. Bruzzo

Brandishing a Weapon Charges in Orange County Under Penal Code 417

Law Offices of William W. Bruzzo — Mon, 20 Jul 2026 11:17:28 GMT

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.

Trayvon Martin Verdict Was Predictable

Law Offices of William W. Bruzzo — Mon, 15 Jul 2013 02:47:00 GMT

Many Americans were shocked by the July 13, 2013 not guilty verdicts of the Defendant, George Zimmerman who was accused of 2nd degree murder and manslaughter of a 17 year old unarmed high school student, Trayvon Martin in February of 2012.

For those unversed in the law the killing of an unarmed person who was not committing any crime might seem like a slam dunk for conviction. However, an understanding of self defense laws which are very similar across the nation, helps explain why a conviction was never a foregone conclusion.

Deadly force may be used against someone in Florida if the person feels like he may suffer death or great bodily injury if he does not use deadly force. In California the force used may be deadly if it is necessary for the person to protect himself against the threat. In the Trayvon Martin matter Mr. Zimmerman had cuts on the back of his head that were bleeding and a swollen nose. He claimed that Trayvon slammed his head into the sidewalk multiple times and punched him in the nose. An independent witness said that he saw Trayvon on top of Mr. Zimmerman giving him a “MMA style” “ground and pound”. That description can be summarized by saying that Mr. Zimmerman appeared to be receiving a severe beating from Trayvon. During this altercation, Mr. Zimmerman shot Trayvon through the heart and killed him.

The jurors were probably conflicted in that Trayvon was unarmed and Mr. Zimmerman was told by the police not to pursue Trayvon or get involved. He ignored them and apparently confronted Trayvon when the altercation broke out. One significant gap in the evidence is that we only have Mr. Zimmerman’s recollection of his initial physical contact with Trayvon: he claims Trayvon jumped out and punched him. The fact that Mr. Zimmerman killed the only other witness to that initial confrontation angers many. Regardless, the jurors had to make a decision on the facts offered at trial. It seems clear that given Mr. Zimmerman’s injuries were consistent with his being attacked and that the bullet wound to Trayvon was also consistent with Mr. Zimmerman being on the bottom, it makes sense that a jury could have found that he was acting in self defense. Even if a juror was skeptical as to whether Mr. Zimmerman was acting in self defense, the juror might have had felt there was a reasonable doubt because Zimmerman may have been acting in self defense.

In the emotion that followed this case it is important to keep in mind that Mr. Zimmerman was not found innocent, he was found not guilty. This does not mean he did not commit a crime, it just means that the Government failed to prove its case or for whatever reason there was simply insufficient evidence to convict. See People of the State of Florida v. George Zimmerman(2013).

Criminal Law Updates by the Law Offices of Orange County Defense Lawyer William W. Bruzzo (714) 547-4636

Zimmerman not guilty in Trayvon Martin death (utsandiego.com)
George Zimmerman acquitted of second-degree murder in shooting death of Trayvon Martin (jacksonville.com)

New Suspects in Bryan Stow Beating

Law Offices of William W. Bruzzo — Tue, 09 Aug 2011 04:27:00 GMT

New suspects have been detained in the beating of Bryan Stow that took place after a Dodgers game. The Los Angeles Police Department has officially exonerated the previous suspect, Giovanni Ramirez. The two new suspects are from Rialto and were with a female and her son at Dodger Stadium. The on-going investigation limits what details are given, but the LA Times reports that the information regarding the suspects was gathered from several hundred tips given to the police. The Robbery- Homicide Division has taken over the investigation since June. They are also explaining that there might have been other fans the pair harassed. Authorities are urging these people to come forward. The girlfriend of one of the suspects, Marvin Norwood has allegedly spoken to police implicating him and her brother Louie Sanchez. Norwood’s attorney and his mother say he is not guilty.

The only defense to an accusation of this type is self defense. That is, defense of self or others. The Defense must also be reasonable. As such, a person being threatened by a gun cannot shoot his assailant with a gun. More than likely, if formal charges are brought the defendants will be facing felony battery charges with an enhancement for great-bodily-injury. Penal Code Section 243(d), Battery with Gross Bodily Injury.