California Penal Code 417 – Brandishing a Weapon

Overview

California Penal Code 417 makes it a crime to draw, exhibit, or use a firearm or deadly weapon in a rude, angry, or threatening manner—even if the weapon was never used to harm anyone.

Brandishing is often a split-second incident interpreted the wrong way. At Jones Trial Attorneys, we dig into the context, the intent, and the details the police may have missed to protect your rights, your record, and your Second Amendment freedoms.

Legal Definition

Penal Code § 417(a)(1) states:

“Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon… in a rude, angry, or threatening manner… is guilty of brandishing a weapon.”

The law applies to:

• Guns (loaded or unloaded)

• Knives, crowbars, or other objects capable of causing injury

Important: There does not need to be actual physical contact or injury for a charge to be filed.

Elements of the Crime

To convict someone under PC 417, the prosecution must prove:

1. You drew or exhibited a deadly weapon or firearm;

2. In a rude, angry, or threatening way;

3. In the presence of another person;

4. Not in self-defense or defense of others.

Penalties for Brandishing a Weapon

PC 417 is a wobbler depending on the circumstances:

Basic Misdemeanor (Deadly Weapon)

• 30 days to 1 year in county jail

• Up to $1,000 fine

• Probation or community service

Firearm (Loaded or Unloaded)

• 3 months to 1 year in county jail (mandatory minimum applies)

At a Daycare or in Presence of Officer

• Up to 3 years in state prison

• Felony charges possible under PC 417.3 or PC 417.8

Convictions may also trigger a 10-year firearm ban under state and federal law.

Defenses to PC 417 Charges

Brandishing charges often arise from misunderstandings, fear-based calls, or biased witnesses. Common defenses include:

• Self-defense – You drew the weapon to protect yourself or another person

• No rude/threatening conduct – You simply possessed or handled the weapon

• False accusations – Motivated by fear, prejudice, or retaliation

• Lack of witnesses – No one actually saw threatening behavior

We work to suppress prejudicial evidence, challenge unreliable statements, and secure dismissals or reductions.

Immigration and Employment Consequences

Even as a misdemeanor, brandishing a weapon may be considered a crime involving moral turpitude, leading to:

• Deportation or inadmissibility

• Denial of firearm permits or state licenses

• Ineligibility for certain jobs or housing

We work to avoid convictions or get charges reduced to non-deportable alternatives.

Related Offenses

• PC 245 – Assault with a Deadly Weapon

More serious, involves use—not just display

• PC 422 – Criminal Threats

Threatening serious harm

• PC 626.9 – Gun-Free School Zone

Adds enhancements if weapon displayed near school grounds

How Jones Trial Attorneys Can Help

Prosecutors often file brandishing charges when they can’t prove more serious offenses—or when police overreact.

We push back hard by reviewing witness credibility, surveillance footage, and body cam data to frame the full story—not just the accusation.

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📍 Local San Diego firm with deep courtroom experience

Talk to a Criminal Defense Attorney Today

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.