Brandishing a firearm or deadly weapon is the act of drawing or exhibiting a firearm or weapon in a rude or threatening manner. You do not even need to point the weapon at a person to be charged with a crime. Even if the victim did not see the weapon or know that you brandished it, you still can be charged with a crime. Simply showing a firearm requires a 30 day minimum jail sentence. If the brandishing occurs in a public place with a revolver or concealable handgun, the charge is a misdemeanor with a minimum of 90 days in jail. If this conduct occurs in the presence of a police officer, the punishment can include time in state prison. You may be charged with a crime for brandishing a fake firearm. You may suffer additional penalties if you brandish a firearm at a day care center, school, playground, youth center or other places where persons under 18 are gathered. If you brandish a firearm in an attempt to resist arrest, you may face stiff criminal penalties, including substantial prison time. Brandishing a firearm from a car, motorcycle or truck can result in the seizure and forfeiture of your vehicle.

If you or someone you know has been arrested or is being prosecuted for brandishing a firearm, call Anchor Criminal Defense for a free consultation.