PC §200 - BRANDISHING A FIREARM
CLASS C MISDEMEANOR
(a) Definition
Brandishing a firearm is defined as the unlawful and intentional display of a firearm in a public place or in the presence of others in a rude, angry, or threatening manner, without legal justification or excuse.
(b) Elements of the Offense
To prove brandishing a firearm, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant displayed a firearm.
The display occurred in a public place or in the presence of others.
The display was rude, angry, or threatening in nature.
The defendant acted unlawfully and intentionally.
(c) Defenses
Defenses to a charge of brandishing a firearm may include, but are not limited to:
Lack of intent: The defendant did not intend to display the firearm in a rude, angry, or threatening manner.
Self-defense: The defendant displayed the firearm in self-defense or defense of others against an imminent threat of harm.
Lawful authority: The defendant had lawful authority or justification for displaying the firearm, such as in the performance of official duties as a law enforcement officer or security guard.
Mistaken identity: The defendant was not the person who displayed the firearm.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for brandishing a firearm or other related offenses.
Display of the firearm in close proximity to a school, daycare center, or other sensitive location.
Display of the firearm during the commission of another crime.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
60 SECONDS OF JAIL TIME.
BOND SET
$6,000.00
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