Tyler & WIlson, LLP PROFESSIONAL - PRACTICAL - PERSONAL
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| Arthur Khachatourians Los Angeles Criminal Defense Attorney 5455 Wilshire Boulevard, Suite 1925, Los Angeles, California 90036 Firm: (323) 655-7180 Direct: (818) 590-8294 Fax: (323) 655-7122 ak@tyler-law.com Mr. Khachatourians represents clients throughout Southern California (CA) including, but not limited to, the following courthouses: Clara Shortridge Foltz Criminal Justice Center, Alhambra Courthouse, Airport Courthouse, Antelope Valley - Antonovich Courthouse, Bauchet - Central Arraignment Court, Bellflower Courthouse, Beverly Hills Courthouse, Burbank Courthouse, Chatsworth Courthouse, Compton Courthouse, Downey Courthouse, El Monte Courthouse, East Los Angeles Courthouse, Glendale Courthouse Felony and Misdemeanor, Hollywood Courthouse, Inglewood Courthouse, Long Beach Courthouse, Malibu Courthouse, Metropolitan Courthouse, Norwalk Courthouse, Pasadena Courthouse, Pomona Courthouse, San Fernando Courthouse, Santa Clarita Courthouse, Santa Monica Courthouse, Torrance Courthouse, Van Nuys Courthouse, West Covina Courthouse, West Los Angeles Courthouse, Whittier Courthouse, Lancaster Juvenile Courthouse, Alfred J. McCourtney Juvenile Justice Center, Delinquency & Dependency Court,Eastlake Juvenile Courthouse, Inglewood Juvenile Courthouse, Kenyon Juvenile Justice Center - Delinquency Court, Los Padrinos Juvenile Courthouse, Sylmar Juvenile Courthouse, Long Beach Juvenile and other criminal courthouses located in Orange County, San Bernardino, and Riverside. |
California Brandishing a Weapon Charge -
Penal Code § 417.
(a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly
weapon whatsoever, other than a firearm, in a rude, angry, or
threatening manner, or who in any manner, unlawfully uses a
deadly weapon other than a firearm in any fight or quarrel is
guilty of a misdemeanor, punishable by imprisonment in a county
jail for not less than 30 days.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded
or unloaded, in a rude, angry, or threatening manner, or who in
any manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed
upon the person, by imprisonment in a county jail for not less
than three months and not more than one year, by a fine not to
exceed one thousand dollars ($1,000), or by both that fine and
imprisonment.
(B) In all cases other than that set forth in subparagraph (A), a
misdemeanor, punishable by imprisonment in a county jail for
not less than three months.
(b) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any loaded firearm in a
rude, angry, or threatening manner, or who, in any manner,
unlawfully uses any loaded firearm in any fight or quarrel upon
the grounds of any day care center, as defined in Section
1596.76 of the Health and Safety Code, or any facility where
programs, including day
care programs or recreational programs, are being conducted
for persons under 18 years of age, including programs
conducted by a nonprofit organization, during the hours in which
the center or facility is open for use, shall be punished by
imprisonment in the state prison for 16 months, or two or three
years, or by imprisonment in a county jail for not less than three
months, nor more than one year.
(c) Every person who, in the immediate presence of a peace
officer, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, and who
knows, or reasonably should know, by the officer's uniformed
appearance or other action of identification by the officer, that
he or she is a
peace officer engaged in the performance of his or her duties,
and that peace officer is engaged in the performance of his or
her duties, shall be punished by imprisonment in a county jail for
not less than nine months and not to exceed one year, or in the
state prison.
(d) Except where a different penalty applies, every person who
violates this section when the other person is in the process of
cleaning up graffiti or vandalism is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than
three months nor more than one year.
(e) As used in this section, "peace officer" means any person
designated as a peace officer pursuant to Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(f) As used in this section, "public place" means any of the
following:
(1) A public place in an incorporated city.
(2) A public street in an incorporated city.
(3) A public street in an unincorporated area.
Penal Code § 417.
(a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly
weapon whatsoever, other than a firearm, in a rude, angry, or
threatening manner, or who in any manner, unlawfully uses a
deadly weapon other than a firearm in any fight or quarrel is
guilty of a misdemeanor, punishable by imprisonment in a county
jail for not less than 30 days.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded
or unloaded, in a rude, angry, or threatening manner, or who in
any manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:
(A) If the violation occurs in a public place and the firearm is a
pistol, revolver, or other firearm capable of being concealed
upon the person, by imprisonment in a county jail for not less
than three months and not more than one year, by a fine not to
exceed one thousand dollars ($1,000), or by both that fine and
imprisonment.
(B) In all cases other than that set forth in subparagraph (A), a
misdemeanor, punishable by imprisonment in a county jail for
not less than three months.
(b) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any loaded firearm in a
rude, angry, or threatening manner, or who, in any manner,
unlawfully uses any loaded firearm in any fight or quarrel upon
the grounds of any day care center, as defined in Section
1596.76 of the Health and Safety Code, or any facility where
programs, including day
care programs or recreational programs, are being conducted
for persons under 18 years of age, including programs
conducted by a nonprofit organization, during the hours in which
the center or facility is open for use, shall be punished by
imprisonment in the state prison for 16 months, or two or three
years, or by imprisonment in a county jail for not less than three
months, nor more than one year.
(c) Every person who, in the immediate presence of a peace
officer, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, and who
knows, or reasonably should know, by the officer's uniformed
appearance or other action of identification by the officer, that
he or she is a
peace officer engaged in the performance of his or her duties,
and that peace officer is engaged in the performance of his or
her duties, shall be punished by imprisonment in a county jail for
not less than nine months and not to exceed one year, or in the
state prison.
(d) Except where a different penalty applies, every person who
violates this section when the other person is in the process of
cleaning up graffiti or vandalism is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than
three months nor more than one year.
(e) As used in this section, "peace officer" means any person
designated as a peace officer pursuant to Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(f) As used in this section, "public place" means any of the
following:
(1) A public place in an incorporated city.
(2) A public street in an incorporated city.
(3) A public street in an unincorporated area.
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