If you are facing charges under PC 417, it is essential to contact an experienced criminal defense attorney immediately. PC 417 defense focuses on protecting your rights when accused of brandishing a deadly weapon, whether in a fight, quarrel, or threatening manner.
What is a Deadly Weapon?
California law defines a deadly weapon as any object, instrument, or weapon capable of producing and likely to produce death or great bodily injury. For PC 417 defense, it is important to determine whether an object used in a particular situation qualifies as a deadly weapon. Firearms are the most common, but everyday objects can also become deadly weapons depending on how they are used.
Elements of a PC 417 Crime
To convict someone under PC 417, the prosecution must prove the following beyond a reasonable doubt:
- Possession of a deadly weapon
- Drawing or exhibiting the deadly weapon in a rude, angry, or threatening manner, OR
- Unlawfully using a deadly weapon in a fight or quarrel
Additional Penalties Under PC 417
Additional punishment can apply if any of the following are proven:
- Use of a firearm (PC 417(a)(2)(A))
- The firearm was loaded (PC 417(b))
- The defendant was in a vehicle with another passenger (PC 417.6(a))
- Brandishing occurred on daycare grounds (PC 417(b))
- Presence of an on-duty peace officer (PC 417(c))
Common Defenses for PC 417 Charges
Defenses to PC 417 charges often include:
- Self-defense or defense of others
- Lack of intent to threaten or intimidate
- The weapon was displayed jokingly or without malice
- Prosecution cannot prove the act occurred in a rude, angry, or threatening manner
Why Choose LAWSTACHE LAW FIRM for Your PC 417 Defense
Our San Diego attorneys specialize in PC 417 defense and have successfully represented clients charged with brandishing deadly weapons. We provide personalized criminal defense strategies to protect your rights and minimize consequences.
Call LAWSTACHE LAW FIRM today at 619-357-6677 for expert PC 417 defense in San Diego.
Helpful Resources
Learn more about criminal defense in California: San Diego Criminal Defense Overview.