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Brandishing A Weapon
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When Is Brandishing a Weapon Illegal?
So you’re wondering when waving around or showing off a weapon gets you into legal trouble? Yeah man, it can definitely be confusing to figure out. The laws vary a lot between states and situations.
Basically brandishing means you’re displaying a weapon or firearm in a rude, angry, or threatening way. It doesn’t actually require pointing it directly at anyone. Just showing it in a way that could be seen as dangerous or intimidating is sometimes enough.
Let’s break it down so you know what’s up.
What Counts as Brandishing a Weapon?
There’s no single definition across all states about what counts as illegal brandishing. But in general, it means things like:
- Waving a gun or knife around in a public place
- Holding a bat or club in a threatening position
- Showing a weapon during an argument or fight
- Displaying a gun to intimidate someone
Even if you don’t directly point the weapon at anyone, just showing it in a rude or angry way can get you in trouble.
Some states even count things like reaching for a weapon in your pocket or vehicle during a confrontation. So you gotta be real careful.
When Is Brandishing Generally Legal?
There are definitely situations where displaying a weapon is totally legal and allowed:
- At a shooting range or while legally hunting
- In legitimate self-defense if you’re being threatened/attacked
- As part of your job (police, security guard, etc.)
- On your own private property
So things like target practice, defending yourself against a real threat, or having a weapon at home for protection are usually fine.
It’s when you start waving guns around in public or using them to intimidate people that you cross the line.
Penalties for Brandishing a Weapon
The specific laws and punishments for brandishing vary a lot across states. But it’s generally seen as a pretty serious offense.
Typical penalties include:
- Up to 1 year in jail
- Fines up to $1,000
- Probation
- Getting a criminal record
- Losing gun ownership rights
In some cases it can rise to an actual felony charge with 5+ years in prison. Definitely not something to mess around with.
When to Call a Lawyer
If you get arrested and charged with brandishing a weapon or aggravated assault with a deadly weapon, it’s really important to talk to a criminal defense lawyer asap.
Seriously, call one immediately. Like this Phoenix firm or this Tucson office.
An experienced attorney can help get charges reduced or even dismissed. They know all the specifics of local laws and sentencing guidelines.
Without a lawyer, you risk getting stuck with huge fines, jail time, probation, or weapon bans. So don’t delay in finding one.
Self Defense vs Brandishing
A common issue that comes up is self defense cases getting wrongly charged as illegal brandishing.
For example, if a mugger attacks you with a knife and you pull out a gun to protect yourself, their lawyer might try to claim you were illegally brandishing your weapon.
But legitimate self defense is NOT the same as brandishing. Defending yourself against an attacker is completely legal even if you show or fire a gun.
A good lawyer will argue it was necessary and appropriate to display the weapon given the criminal threat you faced.
So don’t plead guilty just because you showed or used a firearm in self defense. Get an attorney to fight the false charges.
When Brandishing Is Considered a Felony
In most states, normal brandishing charges result in misdemeanors. But there are certain situations where it can rise to an actual felony.
For example, if someone gets injured or killed when you brandish a weapon, you’ll almost certainly face felony aggravated charges. Things like:
- Aggravated Assault with Deadly Weapon
- Reckless Endangerment
- Negligent Homicide
You’ll also risk a felony if you have previous brandishing convictions or were committing another crime when displaying the weapon.
In these types of cases, only an extremely skilled criminal defense lawyer has any chance of helping you avoid huge fines and 5+ years in state prison.
So if you’re facing aggravated brandishing charges that could result in a felony, take it very seriously. Contact a dedicated defense firm immediately.
Final Thoughts
I know all these weapon laws can be really confusing and vary a lot across different states. The main takeaways are:
- Brandishing means displaying a weapon in a threatening way
- It doesn’t require directly pointing at anyone
- Self defense is NOT the same as brandishing
- Penalties include huge fines and years in jail
- Felony charges are possible if someone gets injured
So use good judgment, avoid waving guns around during arguments, and carry pepper spray or tasers for self defense when possible.
And if you do end up facing brandishing charges, call an experienced criminal defense attorney right away! They can help make sure your rights are protected and that you avoid serious jail time.
Let me know if any other questions come up!
Resources
Videos
Video overview of weapon brandishing laws