Brandishing a Weapon, Gun or Firearm | Penal Code 417 | PC 417
Under PC 417, it is unlawful for every person who, except in self-defense, in the presence of any other person, to draw or exhibit any deadly weapon in a rude, angry, or threatening manner, or in any manner, unlawfully use a deadly weapon in any fight or quarrel. The California law defines deadly weapon as any object, instrument, or weapon capable of producing and likely to produce death or great bodily injury. This any object can become a deadly weapon depending on the intended use. The most common deadly weapons are firearms, but ordinary objects can become deadly weapons as well. In order to be prosecuted and convicted under PC 417, the following elements must be proven beyond a reasonable doubt:
The prosecutor may seek additional punishment by proving any of the following:
The statute does not apply to self defense. The prosecution often cannot prove beyond a reasonable doubt the rude, angry, or threatening manner. Although these element are judged under an objective standard, the prosecutor must convince the jury that you were not merely showing the weapon or joking. Deadly Weapon
Elements of the Crime
Additional Punishment
Defenses
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