A Criminal Defense Attorney’s Perspective: Violations of California Penal Code Section 417 (brandishing) a Weapon in a Rude or Angry way.
As an expereinced criminal defense attorney, I know that being arrested for a violation of California Penal Code Section 417 can be stressful. Usually violations of this section of the law can cause a mandatory minimum of 30 days county jail.
The sentencing guidelines associated with misdemeanor and felony convictions of California Penal Code Section 417 can vary based on several factors, including the specific subdivision violated, the circumstances of the offense, the defendant’s criminal history, and any enhancements applied. While I can provide a general overview, it’s important to consult with a qualified attorney for precise information tailored to your case. Here are some general guidelines:
Misdemeanor Convictions: For misdemeanor violations of Penal Code Section 417, the potential sentencing guidelines typically include:
- Imprisonment: Misdemeanor convictions can lead to a sentence of up to one year in a county jail.
- Fines: The court may impose fines as a part of the sentence, with the amount determined by the judge.
Felony Convictions: Felony convictions of Penal Code Section 417 can result in more severe sentencing consequences, such as:
- Imprisonment: Felony convictions carry the possibility of imprisonment in a California state prison. The length of the sentence can vary depending on the circumstances, ranging from 16 months to several years or more, depending on enhancements and the specific subdivision violated.
- Fines: The court may impose substantial fines in addition to the prison sentence, with the amount determined by the judge.
- Probation: In some cases, the court may grant felony probation instead of or in addition to imprisonment, subject to certain terms and conditions.
Enhancements and Aggravating Factors: In certain situations, enhancements or aggravating factors can increase the severity of the sentence. For example:
- Use of a firearm: If a firearm was used during the commission of the offense, additional penalties and enhancements may apply, leading to a more significant sentence.
- Prior convictions: Previous criminal convictions can result in enhanced penalties, longer prison terms, or a shift from misdemeanor to felony charges.
It’s important to note that sentencing guidelines can be complex, and judges have discretion in determining the specific sentence based on various factors. Additionally, recent changes to California law or individual circumstances may impact sentencing outcomes. Therefore, it is crucial to consult with a knowledgeable criminal defense attorney who can provide accurate information and guide you through the legal process.
Disclaimer: The above information is intended as a general overview and should not be considered legal advice. For specific guidance on sentencing guidelines for violations of California Penal Code Section 417, consult with a qualified attorney familiar with California criminal law. Please give us a call if you have quesitons after being arrested. Our direct dial to our office is: 510.999.5879.