What is an Imitation Firearm?
In order to understand the limitations of the law, it is essential to first understand what is an imitation or fake firearm. The imitation firearm is described to be a device, a toy gun, a replica of a firearm that is
- substantially similar to a real firearm;
- the similarity is revealed usually on the basis of similar colors and overall appearance, and
- the similarity shall cause a reasonable person to believe that the firearm was real.
Thus, this is a device that looks really similar to a real firearm and can make the person believe and fear its harm.
Penal Code 417.4 Brandishing an Imitation Firearm in California
Penal Code 417.4 PC is the California makes it a crime for a person to: (1) draw or brandish an imitation firearm in a threatening manner; (2) such that it causes a person to fear bodily harm for himself or another person; and (3) it was reasonable to fear the harm.
To convict a defendant for brandishing a weapon or firearm under Penal Code 517.4, the prosecutor must be able to establish the following:
- The defendant drew or exhibited a firearm or deadly weapon in the presence of someone else;
- The defendant did so in a rude, angry or threatening manner;
- or the defendant used the firearm or weapon in a fight or quarrel;
- and the defendant did not act in self defense
Among the existence of the above mentioned elements, the prosecutor shall also prove that the person who draws an imitation firearm, does not act in self-defense or does not try to defend another person.
What are the Penalties for Brandishing a Imitation Firearm Penal Code 417.4 Conviction?
The penalties for brandishing an Imitation firearm in California misdemeanor offense. The penalties for a Penal code 417.4 conviction include:
- imprisonment in a county jail for a term up to 30 days;
- it is also possible to penalize a defendant with misdemeanor probation instead of jail time.
Other Negative Legal Consequences for Brandishing a Replica Firearm Penal Code 417.4 Conviction
Having a conviction of brandishing a replica/imitation firearm can also affect your career by causing non-pass of the background check in order to receive professional licenses such as a license to practice for such jobs as nurses, doctors, lawyers, teachers, etc. The conviction can also have negative effects on immigration cases and lead to denial of neutralization and, even, to deportation.
Possible Defenses for Penal Code Section 417.4 PC Offense
A possible defense for a Penal Code section 417.4 PC offense include the following:
- The firearm was not brandished or used in a threatening manner. For example, you made a joke by showing an imitation firearm among your friends and this act cannot reasonably cause them to fear for themselves or third parties.
- You acted in self-defense or you tried to defend another person by brandishing a firearm.
Related Offenses to Penal Code 417.4 PC Offense
Related offense to Penal Code section 417.4 PC offense include:
These are only several examples of defenses. However, it is better to apply to professional attorneys who will assist you to create the right defense technique for your individual case.
Los Angeles Criminal Defense Attorney
KAASS professional team is ready to give you a consultation and further assistance on your case.
If you or someone you know have been charged with brandishing a weapon or firearm, it is critical that you consult with a Los Angeles Criminal Defense Attorney
For more information about brandishing a weapon or firearm and schedule your free consultation, contact Los Angeles Criminal Defense Attorney at KAASS LAW at 310-933-5171. We are located at 815 E. Colorado Street Unit 220, Glendale, CA 91205 with additional offices in Los Angeles located at 633 West 5th St., 26th Floor, Los Angeles, CA 90071.
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