Every person who, (except in self-defense), in the presence of another person, draws or exhibits any deadly weapon including a firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses the same in any fight or quarrel, is guilty of a violation of Penal Code § 417.
It should be noted that self-defense is a complete defense to the charge. In every fight that Mr. Bruno has seen, there are always two sides of the story and the police are rarely interested in both sides, they are more typically interested in an arrest.
Moreover, our forefathers granted us the right to bear all arms, a right specifically enumerated in the Bill of Rights by way of the Second Amendment. This right does not simply apply to firearms. It is a citizen's right to bear arms and that right will be vigorously protected by Mr. Bruno. Mr. Bruno believes deeply in the right of individuals to be free from government intrusion and to bear (and exhibit if necessary) arms.
It is a fact of life that in Southern California people wishing to do others harm are often armed. Accordingly, it is often left to the sound discretion of a citizen to arm himself or herself against would-be aggressors. While no one has the right to threaten or unlawfully intimidate anyone else, you do have the right to protect yourself. Sometimes, in a brandishing case, the person who is charged is simply the person who did not call the police first. Again, the brandishing of a weapon is lawful when done in self-defense. This defense and others will be presented if the facts are appropriate and such a defense is warranted. Of course, a skilled advocate must be retained in order to properly develop all potential defenses to this serious offense.
If you are facing and accusation for brandishing a dangerous or deadly weapon in Orange County, California or any court in Southern California, please have no contact with law enforcement personnel and immediately contact The Law Offices of Keith J. Bruno, APC. Mr. Bruno will help you face an accusation by the government and vigorously defend your rights under the United States Constitution. We offer a free face-to-face consultation and can work out a payment plan in most situations.
The Newport Beach, Orange County, California, law offices of Keith J. Bruno represents Californians who have been accused, charged, or arrested for criminal offenses in Orange County, Los Angeles, Riverside, San Bernardino and San Diego.