Brandishing a Weapon or Firearm Defense Lawyer in Los Angeles

Facing a charge of brandishing a firearm resulting in serious bodily injury under California Penal Code 417.6 PC is a serious charge with substantial consequences. This offense involves the intentional display or use of a firearm in a threatening manner that results in significant physical harm to another person. The law is particularly stringent on this charge due to the potential for severe injury or death, and a conviction can lead to long-term repercussions, including imprisonment and a permanent criminal record.

At The Law Offices of Arash Hashemi, we understand the serious nature of brandishing a firearm charges and the impact they can have on your life. Since 2003, we have been committed to providing comprehensive legal defense for individuals accused of violent crimes in Los Angeles. Our team is dedicated to protecting your rights and ensuring you receive a fair trial. We utilize our extensive knowledge of California firearm and assault laws to mount a strong defense, aiming to secure the best possible outcome for your case.

If you or someone you know is facing a charge of brandishing a firearm resulting in serious bodily injury in Los Angeles, it is imperative to contact an experienced Los Angeles criminal defense attorney immediately. Contact our office at (310) 448-1529 or fill out our online contact form to discuss your case. Our dedicated team is here to provide the legal defense you need.

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    Brandishing a Firearm Under California Law

    In California, brandishing a firearm or another deadly weapon is defined as displaying or using the weapon in a manner that appears angry, threatening, or aggressive. This definition also covers any action with a firearm that could reasonably make someone else feel threatened or intimidated.

    1. Behavioral Requirement: The act of brandishing is not merely holding a weapon; it involves using it in a way that communicates aggression or a threat. This includes actions where the weapon is displayed in a manner suggesting potential harm.
    2. Perception by Others: The law evaluates how a reasonable person would view the behavior. It’s critical that the weapon is seen as a tool for intimidation or threat, rather than just being carried or held.
    3. Subjectivity in Assessment: Each case of brandishing is assessed based on the specific context and circumstances. The subjective judgment of what is considered threatening behavior is central to how these incidents are evaluated and prosecuted.

    Distinguishing Between Simple Brandishing and Serious Bodily Injury Cases

    Simple Brandishing: This typically involves displaying a weapon in a manner that may scare or intimidate others without physical contact. The legal focus here is on the perceived threat posed by the individual brandishing the weapon.

    Serious Bodily Injury Cases: California Penal Code § 417.6 escalates the charge when brandishing results in serious bodily injury. This law addresses the more severe scenarios where the display of a weapon leads to actual physical harm, making it a significantly graver offense.

    This differentiation is crucial as it affects the severity of charges and potential penalties. Recognizing these distinctions is important for legal defense strategies and understanding the legal processes involved.

    Penalties for Violating Penal Code 417.6

    1. Felony Conviction:
      • State Prison Sentence:
        • 16 months, 2 years, or 3 years in state prison.
      • Fines:
        • Up to $10,000.
      • Formal Probation:
        • Courts may impose probation with strict conditions, including counseling, community service, or restrictions on firearm possession.
    2. Aggravating Factors:
      • Enhanced penalties may apply if the offense involved:
        • Use of a firearm in the commission of another crime.
        • Involvement in gang-related activities.
        • The injury was inflicted on a vulnerable individual (e.g., a child or elderly person).
    3. Firearm Restrictions:
      • A conviction will result in a lifetime prohibition on owning or possessing firearms under California and federal law.
    4. Collateral Consequences:
      • Criminal Record: A felony conviction for Penal Code 417.6 becomes part of your permanent criminal record, potentially affecting future employment, housing, and licensing opportunities.
      • Civil Liability: Victims may pursue a civil lawsuit for damages resulting from the injury.

    Penalties for Lesser Offenses

    If the act of brandishing a firearm did not cause serious bodily injury, the case may be charged under Penal Code 417 as a misdemeanor or felony, depending on the circumstances. Penalties under Penal Code 417 include:

    • Up to 1 year in county jail for a misdemeanor.
    • 16 months, 2 years, or 3 years in state prison for a felony.

    Legal Defenses for Penal Code 417.6 Charges

    Self-Defense or Defense of Others
    If you brandished the weapon and caused injury to protect yourself or another person from an immediate threat of harm, this may serve as a complete defense. California law allows individuals to use reasonable force, including displaying a weapon, when facing imminent danger.

    Lack of Intent to Harm
    Penal Code 417.6 requires that the prosecution prove you acted willfully. If you did not intentionally brandish the weapon or cause injury, your attorney can argue that the required intent element is missing.

    False Accusations
    In some cases, the alleged victim may exaggerate or fabricate claims due to personal animosity, revenge, or misunderstandings. A skilled attorney can cross-examine witnesses and uncover inconsistencies in their statements to expose false allegations.

    Accidental Injury
    If the injury occurred as a result of an accident and not through intentional conduct, this can serve as a defense. For instance, if the firearm discharged unintentionally, your attorney can present evidence to show the absence of willful misconduct.

    Violation of Constitutional Rights
    If law enforcement obtained evidence through illegal search and seizure, coerced statements, or other constitutional violations, your attorney can file motions to suppress this evidence. Without admissible evidence, the prosecution’s case may be significantly weakened.

    Lack of Evidence
    The prosecution bears the burden of proving every element of the charge beyond a reasonable doubt. If there is insufficient evidence linking you to the alleged crime or proving you caused the injury, the charges may be dismissed or reduced.

    Speak with a Los Angeles Criminal Defense Attorney

    Facing charges under Penal Code 417.6 for brandishing a firearm causing injury can lead to severe consequences, including incarceration and a permanent criminal record. Navigating these allegations requires experienced legal representation to ensure your rights are protected and to pursue the best possible outcome.

    At The Law Offices of Arash Hashemi, we bring over 20 years of experience defending clients against serious firearm-related charges. Attorney Arash Hashemi will thoroughly analyze the details of your case, challenge weaknesses in the prosecution’s evidence, and build a defense tailored to your specific circumstances.Don’t let these charges jeopardize your future. Take proactive steps today to safeguard your freedom and reputation by contacting a dedicated Beverly Hills criminal defense attorney for immediate assistance.

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