The argument started in a crowded parking lot outside a shopping center. Voices were raised, tempers flared, and you lifted your shirt to show a firearm—not to fire it, but to make a point. Within minutes, police arrived. What you saw as a warning gesture quickly became a brandishing a weapon charge under California law.
If this situation sounds familiar, you’re not alone. Many brandishing cases stem from fear, anger, or misunderstanding, not a plan to harm anyone. But even if you didn’t fire a shot, this charge can carry serious legal and personal consequences. Below, we explain Penal Code 417, including the elements, penalties, and how to fight the charge with the help of our experienced criminal defense attorney.
What Does “Brandishing a Weapon” Mean in California?
Penal Code 417 defines brandishing as displaying, drawing, or using a weapon in a rude, angry, or threatening way or during a fight, regardless of whether anyone was actually hurt.
A weapon under this law includes firearms, knives, or any object capable of causing serious injury. Simply having a weapon is not enough. It’s how it’s shown or used that matters.
The law considers brandishing a weapon to be a threat to public safety, especially when it happens in public places, schools, or near peace officers. As such, prosecutors often pursue these cases aggressively.
Elements of a Brandishing a Weapon Charge
To convict someone of brandishing a weapon, prosecutors must prove specific facts or elements of the crime:
- Display of a weapon. The State must prove that you drew or exhibited a firearm, knife, or other deadly weapon.
- In the presence of another person. Someone must have witnessed or perceived the weapon being shown.
- In a threatening or angry manner. The State must show that when you displayed the weapon, you intended to intimidate, offend, or provoke fear in another.
- Without lawful self-defense. The act cannot be justified by protecting oneself or others.
Slight differences in how the event occurred can drastically change the outcome of your case. A calm explanation or raised hand might look threatening to a bystander, but it doesn’t automatically make you guilty of a crime.
What Is Brandishing a Firearm?
When a gun is involved, penalties become severe. Brandishing a firearm (as opposed to a weapon) specifically means displaying a handgun or rifle in a threatening manner, even without pulling the trigger. If you are convicted of brandishing a firearm, your sentence depends on where and how you committed the act:
- Public area or vehicle—minimum 90 days to one year in jail;
- At or near a school or daycare—up to three years in state prison; and
- Toward a peace officer—felony charge carrying a sentence of up to four years in prison.
Even if the gun was unloaded or legally owned, prosecutors often treat the gesture itself as a form of intimidation.
Concealed carry misunderstandings are common. Many lawful gun owners believe that showing a weapon for deterrence purposes is legal, but it’s not. A legal right to possess a firearm doesn’t justify displaying it in a threatening manner.
In certain felony cases, firearm enhancements under California’s sentencing laws can add additional prison time if a weapon was used during another crime.
Is Brandishing a Weapon a Felony in California?
Most PC 417 cases are treated as misdemeanors, but prosecutors can elevate the charge to a felony if the incident involves:
- A firearm, especially if it was loaded or in a public place;
- A peace officer or law enforcement agent; or
- Brandishing near a school, daycare, or public event.
Felony brandishing can result in state prison time and permanent firearm restrictions.
Penalties
If you get a brandishing a weapon charge, even as a first-time offender, you could suffer significant consequences. Sentences vary based on the weapon type and circumstances, but may include:
- Up to one year in county jail for a misdemeanor conviction;
- Up to three years in state prison for a felony conviction;
- Fines reaching $1,000 or more;
- Mandatory community service or probation; and
- Loss of the right to own or carry a firearm.
Beyond court penalties, a conviction can impact employment, background checks, and professional licenses. Employers and agencies often see a brandishing conviction as evidence of violence, even when no one was hurt.
Defenses
Every brandishing case has two sides. Often, what police see as threatening may have been an act of fear or misunderstanding. Our skilled defense lawyer can identify flaws in the prosecution’s narrative and apply one of these strategies:
- Self-defense or defense of others. Displaying a weapon to prevent harm is legally justified if the threat was real and immediate.
- No intent to threaten. Accidental or careless movement of a weapon does not meet the “threatening manner” requirement.
- False accusation. Witnesses may exaggerate, misunderstand gestures, or retaliate out of anger.
- Lack of a visible weapon. If no one actually saw the gun, the prosecution’s case weakens substantially.
- Violation of constitutional rights. Illegal searches, improper questioning, or denial of counsel can lead to evidence being thrown out. If enough evidence gets excluded, it could critically weaken the State’s case.
Each defense depends on the evidence. Details of surveillance footage, bodycam recordings, or inconsistent witness statements can all be pivotal in court.
The Esfandi Law Group: Focused on Results
A charge of brandishing a weapon is more than a legal problem: it’s a threat to your freedom, reputation, and future. Prosecutors typically view these cases as stepping stones to violence, advocating for the harshest penalties unless they are directly challenged.
At Esfandi Law Group, we don’t let assumptions dictate outcomes. Our team has defended hundreds of clients accused of violent and firearm-related offenses across California. We bring the skill, strategy, and courtroom composure needed to dismantle the State’s case piece by piece.
Every detail matters—what you said, where you stood, and how the weapon was perceived. We dig deep into evidence, police conduct, and witness credibility to expose inconsistencies and fight for charge reductions or case dismissals.
One heated moment shouldn’t define your life. Whether the case stems from a misunderstanding, mistaken identity, or an instant of fear misread as aggression, our mission is to protect your rights, record, and future. Acting today gives you the best shot at taking charge before the prosecution sets the tone.
FAQs
What Is the Charge for Brandishing a Weapon?
Under Penal Code 417, displaying or drawing a weapon in a threatening manner is a crime, even if you did not use or fire the weapon. Depending on the facts, penalties range from 30 days to 3 years in jail.
Can I Be Charged If I Never Pointed the Gun at Anyone?
You don’t need to point the weapon at anyone. Simply showing the weapon in a rude, angry, or threatening manner is enough to warrant charges under the law.
Can a Brandishing Conviction Affect My Gun Rights?
Even a misdemeanor brandishing conviction can result in a 10-year firearm ban, and felonies lead to a lifetime ban in California.
Resources
