California Penal code §417 makes it unlawful for any person to draw or exhibit a deadly weapon, including a firearm, in an angry, threatening or rude manner. Additionally, under the relevant statute it is illegal for a person to unlawfully use a weapon, or firearm, in a fight or a quarrel.
The legislators have established a range of possible penalties for a person who is convicted under the Penal Code. It is a range because each case is unique and certain facts will warrant a simple sentence, and others will warrant a much more severe penalty. How the final sentence is determined will be established by the Judge at the suggestion of the Prosecutor. The Prosecutor will consider the person's criminal history as well as the specific facts of the case.
The cases in which there is severe injury, or the potential of injury that is great, the sentence will be higher. For example, lets compare two different scenarios. David and his friends are hanging out at Sally's house. David and his friend get into a discussion about sports and David playfully takes his knife out of his pocket, and waves it around. His friend jokingly plays along and eventually the two sit back down to watch the game.
In comparison, David and his friends go to a local bar. David has previously been convicted of Assault. Victor hits on David's girlfriend and he gets mad. He takes his knife out of his pocket and waves it around as if he is going to stab Victor.
In the first situation, the setting is harmless. There is no threat, or rude or quarrelsome manner in which the weapon was drawn. In the second scenario, David meant for it to be a threat, and he meant it in a rude manner. His taking the weapon out in a public place, almost stabbing a person could have caused severe injury, even if David did not mean to. Coupled with the facts and David's prior history of assault, the penalty in the second scenario will be much more severe and at the harsher end of the spectrum.
In cases where the weapon drawn is other than a firearm, the person shall be punishable by not less than 30 days in county jail. Where the weapon drawn is a firearm that can be concealed on a person such as a pistol or revolver, and is drawn in a public place, the person will be punished anywhere between 3 months to a year in county jail, and a fine of up to $1,000, or both.
With a range of possibilities, there is plenty of room for negotiation. The arguments and facts that are presented in Court, will help persuade the Judge's opinion regarding a conviction and the final sentence. An experienced Los Angeles Criminal Defense lawyer has the experience and knowledge necessary to present the best possible argument and give you the best chances of getting the case reduced or dismissed.
