Brandishing a Weapon Gets Mandatory Jail Time

You don’t need an Orange County criminal defense lawyer to tell you that it is
illegal to harm, or attempt to harm, or threaten to harm someone with a weapon.
But what about merely showing someone a weapon or displaying it during an
argument or fight? Well, that is also a crime under California Penal Code 417
and if you are convicted of it you MUST serve at least 30, and up to a year, in
the Orange County jail.

This law makes it a misdemeanor to display or exhibit any
deadly weapon, such as a knife or club, in a “rude, threatening, or angry
manner”. If the weapon displayed is a firearm, whether loaded or unloaded, then
Penal Code Section 417 requires a minimum jail sentence of three months with a
possible maximum sentence of one year.

For example: Dan is having a beer at a crowded bar in
Newport Beach when a drunken patron bumps into him. The two have heated words
and square off. Dan breaks his beer bottle on the bar and holds up the jagged
remains, indicating an ability to cut the intoxicated man. Dan has committed
the criminal offense of displaying a weapon and, if convicted, will serve at
least a month in jail for his angry reaction. If, however, the inebriated
customer had first lunged or moved at Dan in a threatening manner, then Dan
could argue that he displayed the weapon in self-defense.

If, in the example above, Dan had reacted by opening his
coat and displaying a handgun in his waist, then Dan would be facing a minimum
three-month jail stay. Moreover, if Dan had removed the gun from his waistband
and pointed a loaded gun at his opponent, Dan would be charged with a much more
serious felony—assault with a firearm—which is a strike felony and carries a
minimum five-year sentence in the state prison.

If you would like a free and confidential telephonic
consultation with an experienced Orange
County criminal defense attorney call The Law Offices of EJ Stopyro at
(949) 559-5500. Our main office is at 32072 Camino Capistrano, 2^nd
floor, San Juan Capistrano, CA 92675. You can also visit us at www.ejesquire.com and www.esesquire.net.