Brandishing A Firearm In Va? Top Answer Update

If you are charged with a felony in the Commonwealth of Virginia, you will be charged with either a misdemeanor or a felony. Misdemeanors are less serious offenses and the punishment will not be as severe, with less or no jail time and lower fines. Criminal crimes are much more serious crimes with harsher penalties that can include lengthy prison terms and large fines. Both a misdemeanor and a conviction for a felony also result in a permanent criminal record.

If you are charged with a crime, it is important to understand how crimes are classified and sentenced in Virginia so that you know the possible penalties you may face. You should also contact an experienced criminal defense attorney who can help you build your defense. Even if you believe you are guilty of the crime you are accused of, you could have many procedural, constitutional, and other objections that could result in the charges being dismissed or reduced to a less serious offense — perhaps even to an offense.

How are crimes classified in Virginia?

There are six classes of crimes in Virginia, ranging from class 1, the most serious, to class 6, the least serious. Each classification has its own range of sentences. Some crimes may fall under more than one class. Here are the classifications of crimes you could be convicted of:

Class 1 crimes

A Class 1 felony conviction carries the harshest penalties. Examples of felonies classified as Class 1 felonies are capital murder and first-degree murder. If you are over 18 and not incapable of judgment, you could be convicted of capital murder and sentenced to death. If you are charged with first-degree murder or any other Class 1 offense, you can be sentenced to life in prison and a fine of up to $100,000.

Class 2 crimes

A Class 2 felony often includes premeditated crimes such as arson, kidnapping, serious malicious injury causing permanent and physical impairment to another person, murder in some situations, and burglary with a deadly weapon. The penalty can range from a minimum of 20 years in prison to life imprisonment and a fine of up to $100,000.

Class 3 crimes

You could be convicted of a Class 3 felony for shooting or stabbing someone, attempting to poison someone, or certain drug offenses. Another common example of a Class 3 crime is malicious wounding — injuring a person with intent to kill, disfigure, or disable them. A conviction can carry a sentence of 5 to 20 years in prison and a fine of up to $100,000.

Class 4 crimes

Embezzlement, arson of an unoccupied building, prostitution, kidnapping and manslaughter may result in a Class 4 felony conviction. Penalties range from 2 to 10 years in prison and a fine of up to $100,000.

Class 5 crimes

Crimes that fall under this classification include manslaughter, extortion and assault. These are often considered “wobbler” crimes, which can be charged as a felony or a misdemeanor depending on the circumstances of the crime. A felony conviction can carry a sentence of 1 to 10 years in prison and a fine of up to $2,500.

Class 6 crimes

Class 6 felonies are the least serious felonies and are also considered “wobblers” that can result in a misdemeanor conviction. Examples of these crimes include animal cruelty, repeated theft, reckless endangerment, and violating a court order. A penalty for a felony conviction could include one to five years in prison and a $2,500 fine.

Why you need a lawyer when charged with a crime

Hiring an experienced criminal defense attorney is a must if you are charged with a crime. With the help of an attorney, you may be able to have the charges dropped, reduced to a lower felony classification, or reduced to a misdemeanor. This is important not only for your sentence if you are convicted, but for the rest of your life. A felony conviction can make it very difficult to get hired for certain jobs, obtain a license to work, and avoid other consequences that can make your life difficult.

Greenspun Shapiro PC’s criminal defense team has over 80 years of experience handling many criminal cases involving a variety of criminal charges. We understand the serious impact a criminal conviction can have on our clients’ lives and work hard to thoroughly investigate the cases we handle to build the best possible defense. If you have been charged with a felony or misdemeanor, or fear charges may be brought against you, start an online chat or call our Fairfax Law Office to schedule a free consultation.

Brief legal facts Nationwide right of first refusal: No. Concealed Carry: It is unlawful to carry a dagger, bowie knife, switchblade, ballistic knife, machete, razor, throwing star, oriental arrow, or “any type of weapon.” Schools: Possession of any knife other than a pocket knife with a folding metal blade less than three inches is a Class 1 misdemeanor. Critical Dimensions: Less than three inches is the maximum length of a folding pocket knife that may be lawfully possessed on school property .

At a glance:

Virginia’s knife law places few restrictions on non-automatic pocket knives that have a collapsible metal blade less than three inches in length. Concealed carry applies to Dirks, Switchblade Knives, and Bowie Knives.

Relevant statutes:

18.2-282.1. Wielding a machete or other bladed weapon with intent to intimidate, punishment.

18.2-283. Carrying a dangerous weapon to a place of religious worship.

18.2-283.1. Carry gun into courthouse.

18.2-287.01. Carrying guns in airline airport terminal.

18.2-307.1. Definitions (provides a definition of “ballistic knife”)

18.2-308. carry concealed weapons; exceptions; Penalty.

18.2-308.1. Possession of firearms, tranquilizer guns or other weapons prohibited on school property, penalty.

18.2-308.2. possession or transport of firearms, firearm ammunition, tranquilizer weapons, explosives or concealed weapons by convicted felons; Punish; Application for Restoration Order, if issued

18.2-309. supply of certain weapons to minors; Penalty.

18.2-311. Prohibiting the sale or possession of blackjacks, etc.

19.2-386.28. Confiscation of weapons concealed, possessed, transported or carried in violation of the law

Forbidden Knives:

Virginia law does not prohibit possession of any type of knife, although “ballistic” knives are limited to the point of practical prohibition.

Covert Transport:

“Daggers, bowies, switchblades, ballistic knives, machetes” or “razors” may not be carried concealed. A legal definition is only provided for “ballistic knife”. The Virginia Supreme Court has adopted dictionary-based definitions for “dirk” and “bowie knife.” (See discussion below regarding 18.2-308 – Concealed Carry – Restrictions.)

Selling or Transferring Restrictions:

It is unlawful under 18.2-311 to sell, barter, give away, or provide a “ballistic knife.” It is a Class 1 misdemeanor under 18.2-309 to deliver a switchblade, dagger, or bowie knife to a minor.

Restrictions on Carrying in Certain Locations/Circumstances:

Location restrictions exist for schools, places of worship, courthouses and airports.

Nationwide pre-purchase:

Anticipation of local regulations or statewide uniformity regarding knives does not apply in Virginia, except at airports. § 18.2-287.01. The carrying of weapons in airline airport terminals provides for a national uniform regulation for airport terminals.

Discussion:

Automatic knives

Effective July 1, 2022, ownership and transfer restrictions on all Switchblade knives have been lifted. It remains unlawful to secretly carry such knives. Several statutes impose restrictions applicable to a “cleaving knife” 18.2-309 (Transfer of Arms to Minors). In the absence of a legal definition, the Virginia Supreme Court in Thompson v. Commonwealth adopted a dictionary definition for such an item. 673 SE2d 467 (2009):

A “switchblade knife” is “a pocket knife whose blade is spring-actuated so that pressure on a release causes it to fly open”.

This definition would likely exclude knives that have a “tendency to close”. See Understanding Bias Toward Closure and Knife Mechanisms for more explanation.

Knife restricted under 18.2-308

Miscellaneous firearms, cutting instruments, percussion and projectile weapons are restricted under 18.2-308. The cutting instruments listed are “dirk, bowie knife, switchblade, ballistic knife, machete” and “razor”. None of the listed types other than “ballistic knife” are legally defined. The relevant part of 18.2-308 reads:

When a person carries his person about with him, hidden from general observation, . . . (ii) daggers, bowie knives, switchblades, ballistic knives, machetes. . . razor or (v) any weapon of a similar nature to those enumerated in this subsection, he is guilty of a Class 1 misdemeanor.

The Virginia Supreme Court provided definitions for the listed knives in a footnote to Thompson v. Commonwealth Case 673 S.E.2d 469 (2009) from Webster’s Third New International Dictionary:

A dirk is “a long, straight-bladed dagger or short sword.” . . A “bowie knife” is “a large hunting knife adapted [especially] for knife fighting” and has a “10 to 15 inch [ ] long” blade. A “switchblade knife” is “a pocket knife whose blade is spring-actuated so that pressure on a release causes it to fly open”. (Quotes omitted.)

Reported hidden knife cases in Virginia suggest prosecutors are not charging defendants with possession of a dagger or bowie. Rather, the accusation is that the defendant possessed a “similar weapon”. The flexibility allowed prosecutors and lower courts to interpret “of the same kind” very broadly. In the Thompson case, the Court of Appeals upheld a conviction on the grounds that a butterfly knife was comparable to a dagger.

The Supreme Court in Thompson v. Commonwealth found that the lower court was correct in concluding that a butterfly knife was not among the enumerated types prohibited by 18.2-308. It was also agreed that the butterfly knife was a weapon. It overturned the conviction because the butterfly knife was not “substantially similar” to a dagger or any other of the specially restricted types. Factors to consider include checking against dictionary definitions.

About ten months after the Thompson decision, in McMillan v. Commonwealth 686 S.E.2d 525 (2009), the Virginia Court of Appeals overturned a conviction of possession of a similar weapon in which the defendant admitted carrying the knife “for protection.” it was stored in a case riveted to the inside of the left or “driver’s” door of his vehicle. The court stated:

Although McMillan testified that he wore the knife for protection, this testimony does not alter the physical properties of the knife he owned or the way it works such that it becomes a weapon. . . “As we explained in Farrakhan, ‘subsequent use or circumstances must not be taken into account in the definitional analysis of ‘weapon’.” . . . Also, the purpose for which a person carries a knife cannot determine whether that knife is either “intended for combat use” or “commonly understood” as a weapon.

The collective term “weapon of the same kind” is limited to cases where the instrument in question:

Designed for combat or commonly understood as a weapon, and substantially similar in comparison to the dictionary definitions used by the Virginia Supreme Court in Thompson v. recognized by the Commonwealth. 18.2-308 B provides a very limited exception regarding concealed carry in one’s home: this section does not apply to persons who are at their own residence or its property.

“Hof” is your own house and the immediately adjacent property. It contains no open fields and is not synonymous with “ownership”. In Robinson vs. Commonwealth 639 S.E. 2d 217 (2007), the Virginia Supreme Court described the extent of the reduction:

The extent of the restriction is determined by factors affecting whether a person can reasonably expect that the area in question should be treated as the dwelling itself.” . . Historically, the term “curtilage” in the legal context means an extension of the dwelling that is so closely intertwined with the dwelling that the law must give it the same protection as the dwelling itself.

concealment

The 18.2-308 restricted knives are not to be “carried on the body, hidden from general observation. “About the person” includes carrying in a handbag as in Schaaf v. Commonwealth 258 S.E.2d 574 (1979). This includes a backpack, briefcase, tote bag, etc. The standard is “immediate and immediate use”.

In Richards v. Commonwealth, 443 S.E. 2d 177 (1994), the court ruled that a knife “protruding from Richards’ right hip pocket one-half to three-quarters of an inch” was not concealed. The knife was inoperable as a “switchblade” and the blade was fixed in the open position. Richards was convicted and appealed. Prosecutors unsuccessfully argued that the knife was either a “pen knife” or a “ballistic knife.” The court’s decision suggests that appearances were not deceptive as it was not a working “jump knife” or “ballistic knife”. It wasn’t a legally restricted knife disguised as an unrestricted type. It was not fully hidden and recognizable as a knife. Accordingly, it was not kept secret.

A conviction of concealed carrying of a pistol was upheld by the Court of Appeals in Main v. Commonwealth 457 S.E.2d 400 (1995) in which the gun was carried in a man’s back trouser pocket with the grip or grip portion extending beyond the edge of the pocket. The defendant was walking down a street with a duffel bag slung over his shoulder, covering an area that included his back pocket. Given this rule, wearing a pocket clip can be considered concealed if the curtain on clothing covers the clip/exposed portion of the knife.

Whether a knife is hidden will in almost all cases be a question of fact for the jury or the judge in a non-jury trial.

Location-Based Restrictions

The knives described in 18.2-308 are location-restricted by courthouses (18.2-283.1), airports (18.2-287.01), and schools (18.2-308.1). A “bowie knife” or “dagger” may not be carried in a “place of worship while a meeting is being held for religious purposes” without “good and just cause” according to 18.2-283.

18.2-308.1. Possession of firearms, tranquilizer guns, or other weapons on school property is prohibited; Penalty includes an additional restriction for any knife other than a pocket knife that has a folding metal blade less than three inches in length. This section also applies to airports and courthouses.

The combined effect of 18.2-308 and 18.2-308.1 is that it is unlawful to carry openly or concealed in schools, courthouses and airports any knife other than a pocket knife with a blade less than three inches. Virginia law does not specify how blade length is determined. We recommend using the AKTI protocol for measuring knife blade length, which is consistent with most US jurisdictions.

Swing

The legislative history of the “Roaming” Act suggests that it was designed to combat the activities of “criminal street gangs”. It was enacted in 2006. There are no reported cases related to Section 18.2-282.1 that provide for:

It is unlawful to display, hold, or brandish a machete or other weapon with an exposed blade 12 inches or larger with intent to intimidate any person or group of people, and in a manner that reasonably demonstrates that intent. This section does not apply to persons engaged in excusable or justifiable self-defense.

Virginia law provides a similar prohibition on brandishing a firearm.

collector exception

The exception in § 18.2-308. carry concealed weapons; exceptions; Punishment in favor of collectors requires being a “regular member” of a “gun collecting organization.” The exception provides that the section does not apply to:

Any regularly enrolled member of a gun collecting organization who is at or going to a bona fide gun show, provided that the guns are unloaded and securely packed during transit.

Law Enforcement/Military

Exceptions to the courthouse weapons restriction are provided for various categories of peace officers and criminal justice officers. Law enforcement officers on duty are exempt from flight terminal restrictions. Carriers of duty U.S. Mail are exempt from the restrictions in Sections 18.2-308. Despite the significant presence in the Commonwealth, there are no exceptions for the US military.

consequences

Most knife restriction violations are Class 1 offenses, punishable by a maximum of one year in prison and/or a maximum fine of $2,500.

A violation of 18.2-311. Prohibiting the sale or possession of blackjacks, etc. is a Class 4 offense punishable by a maximum fine of $250.

Updated on 1.222. July by Daniel C. Lawson

wielding a weapon defender | Orange County

For more than 40 years, Wallin & Klarich’s gun-wielding criminal defense attorneys have focused on fighting for the rights of clients accused of wielding a gun in violation of California Penal Code 417. Through decades of representing criminal defendants in Southern California, we have developed the knowledge and skills to take on tough cases and win. If you have been arrested and charged with carrying a weapon under PC 417, your wisest course would be to contact Wallin & Klarich. With offices in Orange County, Torrance, San Bernardino, Riverside, West Covina, Victorville and throughout the greater Los Angeles area, our dedicated team of gun-wielding defense attorneys is waiting to help you. Call us today toll-free at (877) 4-NO-JAIL for a free telephone consultation and get one of our gun-wielding criminal defense attorneys to help you right away.

What is “wield a gun”? | PC417

California Penal Code 417 makes it unlawful to draw or display a deadly weapon in a rude, angry, or threatening manner in the presence of another person and not in self-defense or in defense of another person. Using a deadly weapon unlawfully in a fight or argument is also considered to be carrying a weapon for the purposes of the law. The conviction and punishment for wielding a deadly weapon in California can be serious, and you need an experienced attorney to guide you through this critical legal process.

What needs to be proven | Misdemeanor Wielding a weapon

A breach of PC 417 is generally prosecuted as a misdemeanor. In order for a person to be convicted of a PC 417 violation, prosecutors must prove beyond reasonable doubt each of the following:

The defendant brandished, drew, or displayed a deadly weapon or firearm in the presence of another person; The accused did so in a rude, angry, or threatening manner; The defendant used the gun or firearm in a fight or argument; and The defendant did not act in self-defense.

A lethal weapon, as defined by law, can be any object or weapon that is inherently lethal. It is also one that can be used to cause death or serious injury. Therefore, in determining whether an item is a “lethal weapon,” the prosecutor will look at the facts and circumstances of the incident.

If a person wields a weapon and causes grievous bodily harm, they may be charged with a more serious offense under PC 417.6. A person who has brandished an imitation firearm may be charged under PC 417.4. Also, it is not necessary for a gun or firearm to be pointed at someone to be considered “fatal.” They can still be charged under PC 417 even if the firearm was unloaded.

Wielding a Gun Penalties and Sentencing | what you are facing

Depending on the facts of the case and which subsection of the Criminal Code you violated, you could face imprisonment or heavy fines.

Wielding a deadly weapon other than a firearm | PC 417(a)(1)

offense:

Imprisonment for not less than 30 days and not more than 364 days in a county jail

Up to $1,000 fine

Both imprisonment and fines

firearm branding | PC 417(a)(2)

offense:

Detention in a county jail from three months to one year

Up to $1,000 fine

Both imprisonment and fines

Wielding a gun in a day care center | PC417(b)

Brandishing a firearm on the premises of a daycare while it is open for use may be a PC 417(b) “wobbler” charge and may be charged with either a felony or a misdemeanor:

offense:

Imprisonment in the county jail for not more than one year

A fine of up to $1,000

Both imprisonment and a fine.

Crime:

Incarceration in state prison for one, two, or three years

A loss of your right to own a firearm.

Swinging a gun at a police officer | PC417(c)

offense:

Imprisonment in the county jail for not more than one year

Up to $1,000 fine

Both imprisonment and a fine.

Crime:

Incarceration in state prison for one, two, or three years

A loss of your right to own a firearm.

Potential defenses against a gunload in California

There are a number of valid defenses against swinging a weapon charge. If you are charged with this crime. Your best move is to hire an aggressive group of criminal defense attorneys who have handled hundreds of disputes over the past four decades and understand what it takes to achieve a favorable outcome. Here are some defenses we have successfully employed in representing our clients who have faced gun wielding charges:

self defense

One of the best and most commonly used defenses against a PC 417 charge is self-defense. If a person has acted in legitimate self-defense or the defense of another person, he or she is presumed innocent under the law. A person is lawfully acting in self-defense if they:

reasonably believes that she or another person will suffer direct harm; and

They fight back with no more force than is reasonably necessary to defend themselves against danger.

No threatening behavior

Keep in mind that a person is only guilty under this law if they use a gun or gun in a “rude, angry, or threatening” manner (as determined by the facts of the case). That means if you can show that you didn’t act “rude, angry, or threatening,” you can’t be found guilty of that crime.

No lethal weapon or firearm

PC 417 applies only when an accused was armed with a deadly weapon or a firearm. Therefore, if it can be shown that the weapon in question is not a lethal weapon or firearm, that would be one reason why a criminal charge for this crime would likely be dismissed.

24/7 communication with your attorney | The Wallin & Klarich path

Not only do we have more than 40 years of experience in countering weapons loads, but we also bring a 24/7 communications policy to the table. Our aim is to ensure that you are fully aware of every aspect of your case at all times. We want our clients to actively participate in their own defense and never have to wonder what is happening in their case.

Success Story | Wallin & Klarich track record of winning cases

Our reputation as a successful and aggressive criminal defense firm is well known in Orange County and throughout Southern California. Many of the judges and prosecutors in the courts in which we serve know that we are strong advocates for our clients. Our sole focus is to fight for our clients’ rights and present the best defense that the facts and the law will allow. For more than 40 years, we’ve earned this reputation by taking on tough cases and winning. Click below to hear from some of our past clients whose livelihoods we have protected:

Last year I was arrested on Mother’s Day and subsequently charged with violating Penal Code 12020(a), possession of a weapon which was a collapsible baton. I turned to the law firm Wallin & Klarich. I met with attorney and hired Wallin & Klarich because they appear to be… Paul J Wallin “I am delighted that I have hired Wallin & Klarich to represent me and help me settle the charges of possession of a to dismiss hidden weapon. My attorney moved to have the case dismissed, and the airport court judge granted the motion. I’m relieved that the case has been solved… Paul J. Wallin “I sold some furniture to a then friend who later refused to pay the outstanding balance. I later approached him to discuss the money owed and he started a big argument. Then I fought back. I was arrested for assault with a deadly weapon because I won the fight he started when I came back…Paul J Wallin

The final result

Getting arrested and charged for wielding a gun can be very frustrating because you probably thought you did the right thing. We can develop a defense strategy plan that uses our knowledge, skills and resources to provide you with the best possible defense. Our help and guidance are just a short phone call away.

Contact us online or call us today at (877) 4-NO-JAIL for a free phone consultation. With offices in Orange County, Riverside, San Bernardino, West Covina, Torrance, San Diego, Los Angeles, San Diego and throughout Southern California, we have an office near where you live or work. Many of our initial consultations take place virtually. In the first consultation we ask about the facts of your case. We will discuss every aspect of your case and go through the possible countermeasures that may be available to you. When it matters most, you can count on Wallin & Klarich to defend your rights.

Wielding a giant knife, which he used to wound Colonel Rathbone who was trying to pin him down, the assassin charged forward through the stage box and jumped onto the stage, fleeing from behind the scenes and behind the building, but was pursued, and twelve days later in shot dead in a barn where he was hiding.

to wield a weapon | CA Penal Code 417 PC

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California Penal Code 417 PC makes it a felony to wield a firearm or deadly weapon. “Swinging” means to draw or display the weapon in a threatening manner, or to use it in combat other than in self-defense.

The act is usually prosecuted as an administrative offense that carries a penalty

up to one year imprisonment

Fines up to $1000.00.

We will recite the full text of the law and then provide a legal analysis below:

417. (a) (1) Any person who, except in self-defense, draws or displays any deadly weapon, other than a firearm, in a gross, angry or threatening manner in the presence of another person, or who in any way unlawfully uses a Using a deadly weapon other than a firearm in a fight or argument commits a misdemeanor punishable by a minimum of 30 days in a county jail. (2) Any person who, except in self-defense, draws or displays a firearm, whether loaded or unloaded, in a gross, angry, or threatening manner in the presence of another person, or who in any way unlawfully uses a firearm in a combat or Dispute shall be punished as follows: (A) If the violation occurs in a public place and the firearm is a pistol, revolver or other firearm which can be concealed from the person, imprisonment in a county jail for not less than three months and not more than one year, a fine not exceeding one thousand dollars ($1,000) or both that fine and imprisonment. (B) In all cases other than those referred to in subparagraph (A), a misdemeanor punishable by at least three months imprisonment in a county jail. (b) Any person who, other than in self-defense, draws or displays a loaded firearm in a rude, angry or threatening manner in the presence of another person, or who in any way unlawfully uses a loaded firearm, any brawl or altercation on the premises of a Daycare, as defined in Section 1596.76 of the Health and Safety Act, or any facility where programs, including day care programs or recreational programs, are conducted for persons under the age of 18, including programs conducted by a non-profit organization, during the center’s hours of operation or establishment shall be liable to imprisonment in state prison for a period of 16 months or two or three years or, for failure to comply, to imprisonment in a county jail for less than three months, not more than one year. (c) Any person who, in the immediate presence of a peace officer, draws or displays a firearm, whether loaded or unloaded, in a rude, angry, or threatening manner, and who knows, or reasonably ought to know, the officer’s uniform upon appearance, or any other act of identification by the officer, that he or she is a peace officer engaged in the performance of his or her duties, and such peace officer 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 more than one year, or in state prison for 16 months or two or three years. (d) Unless another penalty applies, any person who violates this section while the other person is cleaning up graffiti or vandalism shall be guilty of an offense punishable by imprisonment in a county jail for a period of not less than three months More than one year. (e) As used in this Section, “Peace Officer” means any person designated as a Peace Officer in accordance with Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2. (f) As used in this Section, “Public Place” means the following: (1) A public place in a incorporated city. (2) A public road in a incorporated city. (3) A public road in an unincorporated area.

Examples of swinging

Julie grabs a butcher knife and points it at her boyfriend.

Jerome argues with his neighbor and hits him in the head with the butt of his pistol.

Eddie lifts his shirt to reveal the gun in his waistband.

defense

A defendant may file a legal defense to challenge a charge of gun swing. A few common defenses are that the accused:

acted in self-defense

, has not acted threateningly and/or

had no “lethal weapon” or firearm.

Punish

Violation of this law is usually charged as a misdemeanor (rather than a felony or misdemeanor). As an administrative offence, the crime is punishable by imprisonment for up to one year in the district jail.

More severe penalties for these weapon attacks may include:

criminal offenses and/or

imprisonment in state prison.

As a violent firearms offense, a waving conviction can be negative:

immigration consequences and

Effects on a person’s gun rights.

A person convicted of this offense is entitled to erasure if he completes:

Probation (if imposed) or

any prison sentence (if imposed).

Our California criminal defense attorneys explain the following in this article:

1. What does it mean to wield a gun or weapon?

Penal Code 417 makes it a felony for a person to wield a gun or firearm.

In order to prove a gun swing charge in California, the prosecutor must show the following:

the defendant drew or demonstrated a deadly weapon or firearm in the presence of another person, the defendant did so in a rude, angry, or threatening manner, or the defendant used the weapon or firearm in a fight or argument and the defendant did not do so has to act in self-defense.

A lethal weapon is any object or weapon that is inherently lethal. It is also one that can be used to cause death or serious injury.

If a person wields a weapon and causes grievous bodily harm, he or she may be charged with a more serious offense under Penal Code 417.6 PC. A person who has brandished an imitation firearm may be charged under Penal Code 417.4 PC.

Note that it is not necessary for a gun to be pointed at someone to be “lethal”.

Example: John is arguing with his girlfriend and grabs a hammer and baseball bat. These objects are deadly weapons under these circumstances, whether he points them at his girlfriend or approaches her while waving them in the air.

In cases involving an unloaded or loaded firearm, a defendant may be guilty of a criminal offense even if the alleged victim was unaware that the defendant had a firearm.

Example: Jose angrily pulls out his hidden carry gun and waves it at a drunken bartender. While the patron may not have realized there was a gun (because he was drunk), Jose is still guilty of a felony.

2. Is there legal protection?

A defendant may raise a legal defense to attempt to defeat a charge. Anyway, the D.A. has the burden of proving guilt beyond a reasonable doubt.

Three common defense mechanisms are:

Self-defense, no threatening behavior and/or no deadly weapon or firearm.

2.1. self defense

A person is innocent under this law if he or she acted in legitimate self-defense or the defense of another person. A person is lawfully acting in self-defense if they:

reasonably expects that harm will be imminent to himself or to another person, and he resists with no more force than is reasonably necessary to defend against the hazard.

Example: It is appropriate self-defense for Carol to point a broken bottle at Mark after he threatened to rape her. Here, the threat leads her to believe that she will be harmed, and using a broken bottle is not excessive force under the circumstances.

2.2. No threatening behavior

Remember, a person is only guilty under this law if they brandish a gun or rifle in a “rude, angry, or threatening” manner (as determined by the facts of the case). This means that showing that he or she did not act is a defense for an accused.

2.3. No lethal weapon or firearm

PC 417 applies only when an accused was armed with a “lethal weapon” or a firearm. Therefore, a defense is up to the accused to show that he or she did not have any of these items.

3. What are the penalties for 417 PC?

Most violations of this law are charged as administrative offenses. The offense is punishable by imprisonment in the county jail for three months to one year. Brandishing a firearm that can be concealed is also a misdemeanor when done in a public place or on public property and carries a three-month to one-year prison sentence and/or a fine of up to $1,000.

Swinging is an offense even if it occurs on school property. Note, however, that if a person brandishes a firearm on the grounds of a daycare center while it’s open, that crime becomes wobbly. This means that the person can be charged with either:

a misdemeanor (a conviction for misdemeanor can be punished with a prison sentence of up to one year) or

a felony (a felony conviction carries a penalty of up to three years in the California State Penitentiary).

The same penalties apply if a person brandishes a firearm in the presence of a peace officer or law enforcement officer or other law enforcement officer on duty.

4. Does this crime lead to the deportation of non-citizens?

A conviction can have negative consequences for immigration.

Gun offenses can mean:

a non-citizen is deported, or

An immigrant is considered “inadmissible”.

This means that if the offense was committed with a gun, a swinging conviction can prove detrimental.

5. Can a conviction be overturned?

Persons convicted of this offense are entitled to have their criminal record erased if they:

Successfully complete probation or complete a prison sentence (whichever is relevant).

If a party violates a period of probation, he or she may still be able to get the offense overturned. However, this would be at the discretion of the judge.

Under Penal Code 1203.4, a discharge relieves a person of virtually “all penalties and disabilities” arising from the conviction.

6. Does a conviction affect a person’s gun rights?

A PC 417 conviction may adversely affect the gun rights of the convicted party.

California law prohibits convicted felons from acquiring or owning a gun in California. The same applies to individuals with two or more PC 417 convictions.

Therefore, a defendant loses his gun rights under this law if:

his offense is charged as a felony or he is convicted more than once under the law.

7. Are there any criminal offenses associated with carrying a weapon?

There are three criminal charges related to wielding a gun or firearm. These are:

Attack with a deadly weapon – PC 245a1 Attack with a firearm – PC 245a2 and Attack with means likely to result in serious bodily harm – PC 245a4

7.1. Attack with a deadly weapon – PC 245a1

Under Penal Code 245a1 PC, a person commits this crime if they:

commits an attack, with a deadly weapon.

Unlike Penal Code 417, this law requires proof that a defendant intended to harm the alleged victim.

7.2. Attack with a firearm – PC 245a2

Under Penal Code 245a2 PC, a person commits an offense when they commit an assault with a firearm.

Like PC 245a1, this section of code requires proof that the defendant intended to harm the alleged victim.

7.3. Attack with means that can lead to serious bodily harm – PC 245a4

Penal Code 245a4 PC is California law making it a crime for a person to:

to commit an attack, using force that may result in “grave bodily harm”.

“Aggravated Bodily Injury” is a legal term meaning substantial or substantial bodily harm.

7.4. Criminal Threats – PC 422

Penal Code 422 PC makes it a crime to kill or physically harm another person. As a wobbler, it can be a felony or a misdemeanor.

Contact us for help…

If you or someone you know has been charged with a criminal offense under Criminal Code 417 PC in Los Angeles County or elsewhere in California, we invite you to contact our criminal defense attorneys for free counseling and legal advice.

Our Los Angeles criminal lawyers serve clients throughout the state of California, including San Bernardino County, Glendale, Orange County, Riverside, Newport Beach, Corona del Mar, San Diego, Sacramento and the Bay Area.

For similar allegations in Nevada, please read our article on: “Nevada Laws for ‘Drawing a Deadly Weapon in a Threatening Manner'”.

Legal Notice:

California Penal Code 198 PC prohibits killing in self-defense or in defense of others based solely on sheer fear. To be a justified murder, the person would have to reasonably believe that there was an imminent threat of death or serious physical injury and that deadly force would be required to repel it.

The full wording of the Articles of Association reads as follows:

198 pcs. Mere fear of committing any of the offenses set forth in subsections 2 and 3 of section 197 to prevent a homicide from being lawfully committed is not sufficient to justify doing so. But the circumstances must be sufficient to arouse a reasonable person’s apprehension, and the killing of the party must have acted solely under the influence of such apprehension.

legal analysis

California Penal Code 198 PC states that “mere fear” is not a sufficient justification for killing someone in self-defense or in defense of others. Instead, people must reasonably believe that they or others are in imminent danger of being killed or incurring major physical harm, and that they reasonably assume that deadly force is necessary to prevent it.

People who kill out of fear and without reasonable justification will be charged with first-degree murder. Penalties range from 25 years to life imprisonment with or without the possibility of parole.

Killing someone out of fear is also known as “imperfect self-defense.” This is when a person kills another person based on an honest but unreasonable belief in the need to use lethal force in self-defense. Imperfect self-defense is not a defense against murder.

Legal Notice

(This may not be the same place where you live)

What is considered a deadly weapon?

Under state and federal criminal statutes, “lethal weapon” refers to a firearm or instrument specifically designed and manufactured to inflict serious injury or death. The term can include:

pistols

guns

shotguns

Different types of knives

daggers

swords

batons

Cudgel and Nunchaku

brass knuckles

There may be some variation in lethal weapons laws from region to region. The basic idea is mostly the same – any instrument created to kill or inflict serious physical harm can be considered a deadly weapon. Deadly weapons often require a license to possess or carry.

Can everyday objects be considered deadly weapons?

Also, everyday objects can be classified as lethal weapons. This all depends on how the item will be used. For example, if scissors are used to cause serious harm to another person, the scissors can be considered a deadly weapon even though they were not made for that purpose.

Other examples of everyday objects that are often used as deadly weapons can include:

Sports equipment such as baseball bats or golf clubs

sticks or branches

chains or other metal objects

Sharp objects like razors or even pencils

things that can be thrown

Some jurisdictions even consider pets like dogs deadly weapons, depending on the circumstances. For example, if the dog has been trained to attack on command and the owner commands it, it could be considered a deadly weapon. Also, in some areas, a trained martial arts expert’s hands and feet (like a black belt) must be registered as lethal weapons.

Can deadly weapons be used in self-defense?

The general rule is that as far as self-defense laws are concerned, you can only use deadly force if deadly force is used against you first. For example, if someone fires a gun at you, you are likely allowed to defend yourself with a gun or other deadly weapon.

On the other hand, if they only attack you with their fists, you probably won’t be able to use a deadly weapon against them. Even if you attacked someone with a deadly weapon, most laws would allow them to defend themselves with a deadly weapon.

What if a deadly weapon is used during a crime?

Using a deadly weapon while committing a crime is called an “aggravating factor.” It can turn an ordinary misdemeanor charge into a criminal charge. For example, assault is usually a misdemeanor punishable by small fines and up to a year in prison.

However, if a deadly weapon is used in the attack, the charges escalate to “grievous bodily harm,” a criminal offense that carries larger fines and more than a year in prison. The use of a deadly weapon is common in many other crimes, such as: B. a battery, auto theft, shoplifting and many types of theft crimes.

What is grievous bodily harm?

Physical harm is criminally defined as an intentional act that induces fear of imminent harmful or offensive contact. Assault is commonly associated with battery, defined as a willful physical action resulting in a harmful or offensive touch on a person without that person’s permission.

Aggravated assault is a crime that is considered a more serious form of assault and assault and can result in a criminal charge. They are generally physical acts that cause serious bodily harm, such as B. an attack with a deadly weapon (e.g. pistol, knife, brass knuckles, etc.) or an attack with another aggravating factor.

Many states’ criminal laws classify assaults as either minor or serious, depending on the severity of the harm or the likely harm if the attacker had hit the victim. And some states may classify aggravated assault as first-degree, second-degree, or third-degree assault depending on the severity of the harm inflicted.

What are examples of aggravating factors?

The term aggravating factor refers to any circumstance relating to the offense in question which in some way aggravates the offense itself. Aggravating factors are crucial as they can significantly increase the penalty of a crime. The law determines what could be an aggravating circumstance; Therefore, examples of aggravating factors vary significantly across jurisdictions.

Some examples of commonly recognized factors include:

criminal record;

Intention;

Tool(s) used to commit the offence;

cruelty or how the crime was committed; or

Treason.

Other aggravating factors may include the victim’s status, the attacker’s intent, or the extent of the injury inflicted. Certain government regulations may identify the aggravating circumstance, such as B. Assault with a deadly weapon or assault with intent to commit another crime.

Aggravated assault is also known as assault. A felony attack could be represented using the same underlying concept as a misdemeanor attack; In these circumstances, an additional factor is added, leading to the crime being considered more serious.

As such, the crime has more serious consequences. Assault would likely be charged as a felony if the defendant commits a simple assault and involves an additional aggravating factor.

What should I do if I am accused of aggravated assault?

If you are accused of aggravated assault, you should contact a criminal defense attorney immediately. Aggravated assault is a serious crime and carries with it serious criminal charges and consequences. In general, penalties for aggravated assault are the same as for an average assault and assault conviction. However, the penalties are increased much more significantly.

These consequences may include, but are not limited to:

long-term detention;

inclusion of the offense in the criminal record of the accused;

increased fines;

loss of the right to possess deadly weapons; or

Other civil liability such as compensating the victim for any injury or loss resulting from the aggravated assault.

There are some steps you can take to dismiss aggravated assault charges. These efforts begin with hiring a lawyer to defend you and your rights in court. Keeping this much evidence to support your case also improves your chances of defeating a grievous bodily harm charge.

How can I prevent aggravating factors from being used against me?

As mentioned above, the public prosecutor must prove that there is an aggravating circumstance beyond a reasonable doubt. So, one way to keep prosecutors from arguing aggravating factors in sentencing would be to aggressively defend against prosecutors’ arguments for the existence of an aggravating factor.

For example, the defendant would want to question the prosecution’s evidence and work toward disqualifying it, arguing that it is inadmissible for various reasons. The evidence may not be admissible because it is the result of an unlawful search or seizure. Or some evidence might be inadmissible as hearsay. There are several ways to exclude evidence, and a defense attorney would want to study them all.

Ultimately, even if aggravating circumstances are identified, the defense may raise mitigating circumstances to counteract the aggravating circumstances and mitigate the sentence. Mitigating circumstances are circumstances relating to the offense or the accused in order to mitigate the accused’s sentence.

Such elements may include the defendant’s remorse, lack of a criminal record, the minor role the defendant played in the crime, the defendant’s drug addiction, and hopefully his efforts to combat his addiction. Any factors that reduce the accused’s guilt would be mitigating factors.

Do I Need an Attorney for Deadly Gun Law Assistance?

Deadly gun laws can significantly affect a person’s rights regarding the use, possession, and ownership of certain items. If you need help with deadly gun laws or are prosecuted, you should speak to an attorney immediately.

A qualified criminal defense attorney can help you explain how the laws in your area work and provide you with expert representation in court.

Carrying a gun is illegal in the state of Florida unless it is in self-defense. The public can be hypersensitive to even legal displays of guns and overreact by calling law enforcement. If you’ve been arrested for improperly displaying a weapon or firearm, a criminal defense attorney can help you minimize the consequences of the charge. Although improperly displaying a firearm is a misdemeanor, any gun charge on your standing record can have ramifications for employment opportunities and any legal issues that may arise in the future.

Roelke Law, PA is led by William Roelke, a Jacksonville criminal defense attorney who has been defending the accused for over 20 years. Roelke will go through the events leading up to your arrest from your point of view. He will immediately access court documents filed by law enforcement to explain their interpretation of events. Time is of the essence, as a lawyer’s quick action when presenting new information to prosecutors can prevent you from being charged with a crime in the first place.

For those seeking legal assistance in Northeast Florida, including Jacksonville, Neptune Beach, St. Augustine, Keystone Heights, Fernandina Beach and Hilliard, call (904) 354-0333 today for a free, no-obligation consultation.

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Improper display of a dangerous weapon in Florida is a broad law that requires an interpretation of the defendant’s actions, how witnesses felt, and what a reasonable person would assume.

There are several elements. First, it is important to note that the improperly displayed object is a Florida term firearm. Fla.Stat. § 790.10 states that all daggers, swords, cane swords, firearms, electric weapons or implements, or other weapons are accounted for in this statute.

The term weapon is in Fla. Stat § 790.001(13) defined as a dagger, knife, knucklebone, slingshot, billie, tear gas gun, chemical weapon or device, or other lethal weapon other than a firearm or a common pocket knife, plastic knife, or blunt-bladed table knife.

If a person possessing or carrying any of these items displays the item in a rude, careless, angry or threatening manner, not in necessary self-defense, in the presence of one or more people, he is guilty of improper display of a dangerous weapon.

A competent attorney will urge prosecutors to prove that the object was displayed in a manner that a reasonable person would view as rude, careless, angry, or threatening. Because the law doesn’t specify exactly what acts are illegal, much of the argument revolves around whether the offender put other people in danger, depending on how a reasonable person would interpret the event.

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The penalty for improper display of a firearm or dangerous weapon in Florida is a first-degree misdemeanor. First-degree misdemeanors are punishable by up to one year in prison and a $1,000 fine. In lieu of jail time, the court may issue a suspended sentence with requirements for community service, tuition, and curfews.

The court may allow a deferred sentencing program that, if successfully completed, would remove the conviction from your criminal record.

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Your defense attorney will review every detail of your arrest and learn more about your story. We will gather evidence from the incident in question through interviews with you and other witnesses. We know that some people have an increased sensitivity to guns and firearms that are lawfully carried or displayed.

[[$firm]] will examine your firearms handling experience to show why a witness overreaction set off a chain of events that led to your arrest. Visual evidence and discrepancies between witness and police accounts may raise sufficient reasonable doubt about the incident for a prosecutor to fail to qualify for a conviction.

If the reason for carrying or displaying a weapon or firearm is self-defense, the accused must be found not guilty.

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William Roelke has been a criminal defense practitioner for over 20 years. Each case is neither too complex nor too simple to tackle and each client is personally represented by William Roelke. No matter how minor an offense may seem, any previous conviction can have unimaginable consequences today. Every day, criminal defense attorneys see clients whose case is aggravated by a prior offense on their record, particularly a firearms-related conviction.

Call us at (904) 354-0333 to get your case started. We arrange a free consultation and start working on your defense immediately.

to look threatening or excited

She threatened the dog with a stick.

Frequently asked questions about brandish

How does the word brandish differ from other similar verbs?

Some common synonyms for brandish are flourish, swing, thrash, and wave. While all of these words mean “to exert or cause to move back and forth or up and down,” swinging implies a menacing or menacing movement.

swing a knife

When could Flourish be used to replace Brandish?

The synonyms squiggle and sweep are sometimes interchangeable, but squiggle suggests a vigorous, showy, graceful movement.

the winning lottery ticket blossomed

When might Swing be a better fit than Schwingen?

The meanings of momentum and swing largely overlap; However, swing implies a regular or steady movement.

Swing the rope back and forth

Where would thrash be a reasonable alternative to brandish?

The words thrash and brandish are synonyms but differ in nuances. In particular, thrash suggests vigorous, abrupt, violent movements.

an infant flapping its arms

When can wink be used instead of brandish?

While almost identical to Brandish in some cases, Wave usually means smooth or continuous motion.

wave the flag

In this guide I will explain nine (9) things you should know about wielding a firearm or weapon.

Wielding a firearm or weapon is a criminal offense prosecuted under Penal Code 417.

However, merely taking out a gun to show or show off is not a crime unless you did so in an angry or threatening manner.

Let’s start…

Definition of brandishing or drawing a firearm under Penal Code 417

Brandishing or drawing a firearm or other deadly weapon may be a felony under Section 417 of the Criminal Code if the following 4 elements of the crime are demonstrated:

You took out, displayed, or drew a firearm or other deadly weapon.

In the presence of another person.

And you did so in a rude, threatening, or angry manner, or you did so unlawfully while engaged in a fight or argument.

You have not acted in self-defense or defended another person.

Let’s examine these elements in more detail to understand how to apply them.

#1

You took out, displayed, or drew a firearm or other deadly weapon.

The first part if that item is a firearm.

What is a legal firearm?

Firearms are any device from which projectiles can be expelled or fired by the force of combustion or explosion, such as B. pistols or shotguns.

However, this excludes BB, pellet and airguns, which use air as the necessary force.

What is considered a deadly weapon?

In addition to firearms, lethal weapons may include:

Knife,

swords. or

Chainsaws that can cause death or serious injury.

The law also covers ordinary objects that can also cause serious injury if used violently, such as B. sharp pencils or stones.

In fact, almost any other household item could be considered a deadly weapon if used in a certain way.

Are fists considered a deadly weapon?

Your own body is not considered a deadly weapon under PC 417, although it does fall under Penal Code 245 – Assault with a Deadly Weapon (ADW).

Big Assault

While not an element of crime, a deadly weapon must be one capable of inflicting grievous bodily harm as defined in PC 12022.7, although again injury is not required.

Serious bodily harm is significant, although a hospital visit is not required.

It contains:

broken bones

Black swollen eye

First and second degree burns

bruising and swelling

Knife or gunshot wounds

Severe abrasions

Bruising from strangulation

As you can see, many of these seem relatively insignificant. Whether an injury inflicted falls within the definition of grievous bodily harm may be subject to negotiation.

#2

In the presence of another person

The other person doesn’t need to know the gun is off

An important component of this element is that the firearm does not need to be loaded.

The only requirement for proving this element of PC 417 is that another person was nearby when you drew the gun.

The prosecutor does not need to show that you pointed the gun or other deadly weapon at anyone or fired the gun. In fact, the other person need not even have seen the firearm or weapon.

#3

And you did so in a rude, threatening, or angry manner, or you did so unlawfully while engaged in a fight or argument

Rude, angry, or threatening manner

If you brandish, wave, point, or just show your firearm or deadly weapon in an angry, threatening, rude, or offensive manner, you have fulfilled this element.

Their intention may have been just to scare another person and not cause them any physical harm, but that’s irrelevant.

The law is designed to prevent anyone from arguing or threatening another person with a weapon that could cause serious injury or death.

#4

You have not acted in self-defense or defended another person.

Legal Defense

As with any criminal offence, there are defenses depending on the circumstances of your particular case:

self defense

You must demonstrate the elements of self-defense to be exonerated from wielding a weapon or firearm in violation of PC 417, which includes the following:

You reasonably believed that you or any other person was in imminent danger of physical harm and you fought the person who threatened you using only sufficient force to subdue that person or otherwise defend yourself

If you’ve used more force than necessary, you’ll lose defense and also face potential assault charges.

The gun or firearm was not displayed in an angry, threatening, or rude manner

If you can show that the victim misinterpreted your depiction of the weapon, or that you drew or waved it just to show, enlighten someone, or mimic someone, then that element is missing.

Penalties for brandishing a weapon

PC 417 penalties vary depending on the circumstances in which you swung or drew a weapon, e.g. whether it was a firearm or deadly weapon, or whether it was in the presence of a police officer, at a daycare center, or in a public place.

Criminal Code 417 is also a “wobbler” offense, so prosecutors have discretion to charge you with either a misdemeanor or a felony.

offense

You face only one misdemeanor charge and the following conviction if you commit that offense in these circumstances:

Brandished a deadly weapon in an angry, rude or threatening manner while engaged in a fight – mandatory minimum 30-day prison sentence.

Brandished a firearm in an angry, rude, or threatening manner during a fight – 3 to 6 months in county jail.

Wielding a firearm in a public place with a firearm that can be hidden at your place – mandatory minimum sentence of 3 months and up to a year and a fine of up to $1000.

Children’s daycare site

The following circumstances are violations of PC 417 but are considered wobbler offenses and may be charged as either a misdemeanor or a felony:

You brandish a firearm on the premises of a day care center during operations and in a gross, angry, or threatening manner, or during a fight

As a misdemeanor, you face a mandatory minimum sentence of 3 months imprisonment and up to one year in county jail.

As a felony, you face 16 months, 2, or 3 years in state prison along with a probable conviction under PC 626.9, the Gun-Free Schools Zone Act.

presence of the police officer

You brandish a firearm in a rude, angry, or threatening manner in the immediate presence of a peace officer who is engaged on official duties or who you know or should know has been so engaged:

The misdemeanor carries a mandatory minimum sentence of 9 months imprisonment and up to one year in county jail.

As a felony, you face 16 months, 2 or 3 years in state prison.

Any conviction for a felony will result in loss of your right to own, use or possess firearms.

Record erasure for wielding a weapon

PC 417 is only charged as a misdemeanor in certain circumstances, but also as a “wobbler” misdemeanor for other situations.

If your conviction was a misdemeanor, you are entitled to have your records erased under PC 1203.4.

Deletion does not completely erase your records, although any member of the public, including private employers, landlords, or others unaffiliated with the government, will see that you have no criminal conviction if a criminal background check is conducted .

crime elimination

Criminal convictions can be vacated provided you have not served time in state prison.

If you have been convicted of a felony as a wobbler misdemeanor, you may apply to the court to reduce your felony to a PC 17(b)(3) misdemeanor once you meet these other conditions:

Complete all of the conditions of your trial period

There are no criminal charges pending

You did not violate any of the terms of your probation

Take a free test for permission to delete. Find out if you have permission to have your record deleted

take the test

A probation violation is not a disqualifying factor unless it involves the commission of another offense or the offense is a minor offense.

Most violations involve failing a random drug test.

As mentioned above, deletion does not destroy your court records and remains in the FBI and other databases.

Erasing Benefits

A deletion has the following effect:

You can state without fear of perjury that you have never been convicted of a crime

You can state on a work and lease application that you have not been convicted of a felony or misdemeanor

It can have a positive impact on your immigration status if you are not a US citizen and are seeking permanent residency

You can apply for a state license, e.g. B. for real estate or a builder’s license – you will likely get one as cancellation is a condition for these boards or agencies to consider your application

duty of disclosure

However, you still have an obligation to disclose your conviction and removal for a felony if:

Applying for a position in the public service

Running for public office

Applying for a License to Cooperate with the State Lottery Commission

Volunteer service for the military

Applying for a job with law enforcement along with disclosure of misdemeanor conviction, although this is not a disqualifying factor – a felony, even if cleared, is unacceptable

It can have a positive impact on your immigration status if you are not a US citizen and are seeking permanent residency

You can apply for a state license, e.g. B. for real estate or a builder’s license – you will likely get one as cancellation is a condition for these boards or agencies to consider your application

You can request deletion one day after the end of the trial period.

There is an exception in cases where parole has not been issued, so you must wait a year from the date of your conviction.

Related Offenses

There are some offenses associated with carrying a weapon or firearm, or charged with that offense:

Attack with a Deadly Weapon (ADW) – PC 245

You commit an assault when you use a firearm or deadly weapon or other force likely to cause serious bodily harm and you have the present ability or means to inflict violent injury or a crime on another person.

Under PC 245, your body is considered a lethal weapon in certain circumstances, such as: B. hitting or kicking someone long after they are unable to fight back. As with the crime of swinging, there is no obligation to use the weapon, for the victim to be watching, or for you to cause harm.

Your intention to harm someone distinguishes this crime from PC 417.

For example, telling someone you have a gun under your jacket and that you are going to shoot them is ADW since the gun wasn’t drawn at all.

If you point it at someone and it’s discharged, you currently lack the ability to cause a violent crime or injury, but you may have committed the crime of swinging around. If it was loaded, you may have committed ADW and wielded a gun.

Criminal Threats – PC 422

Threatening someone with harm, regardless of your ability to carry it out, is a Penal Code 422 felony.

The threat conveyed must be specific and unequivocal and create fear in the victims for their safety or that of their immediate family.

The victim must have had a reasonable fear of harm and have experienced it. You communicate the threat orally, in writing or electronically.

In the context of PC 417, you can be charged with swinging if you only intended to frighten the victim by drawing a gun, and charged with both offenses if you also indicated you would shoot or injure the victim.

Gun-Free School Zones Act – PC 626.9

This law prohibits the possession or firing of a firearm in a school territory or within 1000 feet of any public or private school property in reckless disregard for the safety of others.

There are exceptions to the possession of firearms under certain conditions.

Otherwise, if you are convicted of possession of a firearm, it is a felony with 2 to 5 years in state prison, and if the gun is released you face 3, 5, or 7 years in state prison.

It may be a misdemeanor charge, but a conviction will still result in the loss of your gun rights.

A PC 626.9 conviction is also a deportable crime.

consequences of immigration

In certain circumstances, possession of certain firearms is a deportable offense for defendants who are not US citizens.

If you have owned even one of these guns and used them in violation of California Penal Code 417, you face serious immigration consequences. These weapons include:

Ballistic Knife

belt buckle knife

Projectiles containing an explosive

Cane Gun or Sword

Short-barreled shotgun

zip gun

Other weapons listed under PC 16590

Under PC 417.3, carrying a weapon in the presence of the occupant of a motor vehicle is considered a violent crime under 18 USC 16(a) and a felony, subjecting the alien to a deportation process.

If you are convicted of a misdemeanor under PC 417, you will not face deportation. However, any sentence longer than one year for a violent crime is a serious crime and you face deportation.

If the conviction was for carrying a weapon other than a firearm, it is not automatically a deportable offense.

Under Section 417 PC of the California Penal Code, it is a felony to wield a gun or firearm in public. While California permits its citizens to possess firearms and other dangerous weapons, there are specific laws governing the use, carrying, and display of these weapons, and violating these laws can result in criminal penalties.

In order to prove that the accused wielded a gun or firearm, a prosecutor must be able to demonstrate the following elements:

The defendant drew or displayed a firearm or deadly weapon in the presence of another person. The defendant did so in a rude, angry, or threatening manner OR the defendant used the firearm or weapon in a fight or argument AND the defendant did not act in self-defense

A lethal weapon is any object, instrument, or weapon that is inherently lethal or used in such a way that it can, and is likely to, cause death or serious injury.

Two men get into a passionate argument about their respective teams at a sporting event. At one point, a man gets so angry that he pulls a gun from his waistband and waves it menacingly in the air. This man could be prosecuted for brandishing a firearm.

In another example, two old friends meet in a public park. A man is excited because he just bought a new samurai sword. The man takes this sword out of its packaging and displays the sword by swinging it around in the air. A woman passing by gets very frightened and calls the police. The man with the sword would not be criminal under the law because he did not wield the weapon in a rude, angry, or threatening manner, but to show it off to his friend.

Other similar or related offenses are:

A person in California may brandish a gun or firearm in defense of themselves or another person. For example, a man is walking down a deserted street late at night when he is approached by a group of young men who demand his wallet. The man draws a gun and the young men run away. If the man is accused of brandishing a gun, he has a legitimate claim to self-defense as there was an imminent threat to his physical safety.

Depending on the actual circumstances, carrying a gun can be either a misdemeanor or a “wobbler” that can be charged as either a felony or a misdemeanor. Brandishing a deadly weapon is a misdemeanor punishable by a minimum of 30 days and a maximum of six months in prison. If the deadly weapon is a firearm, the accused faces three to six months in prison. And if the defendant wields a concealable firearm (such as a pistol or revolver) in a public place, they face a minimum of three months and a maximum of one year in prison. The prison sentence of three months to one year also applies if the crime victim was removing graffiti when someone was drawing a gun.

If the defendant brandished a firearm on the grounds of a daycare center during normal hours of operation, they may be charged with either a felony or a misdemeanor. If the accused is charged with a misdemeanor, he may be sentenced to imprisonment for a minimum of three months and a maximum of one year. If charged with a crime, the accused can be sentenced to three years in prison.

If the accused has brandished a firearm in the presence of a peace officer performing a lawful duty, that accused may be sentenced to a minimum of nine months and a maximum of one year in prison if charged as a misdemeanor and up to three years in prison, if charged as a crime.

If you or someone you know has been accused of wielding a gun or firearm, it’s important that you contact a Los Angeles criminal lawyer immediately. Los Angeles criminal defense attorney Michael Kraut is a former assistant district attorney with over 14 years of prosecutorial experience who aggressively combats charges of this nature. Mr. Kraut is highly respected throughout the court system for his legal knowledge and impressive litigation skills. Mr. Kraut works tirelessly to ensure his clients receive the best possible defense.

For more information on wielding a gun or firearm and to schedule your free consultation, contact Los Angeles criminal defense attorney Michael Kraut of Kraut Law Group, located at 6255 Sunset Boulevard, Suite 1520, Los Angeles, CA 90028. Mr. Kraut can be reached 24 hours a day at 888-334-6344 or 323-464-6453.

QUIZ

QUIZ YOURSELF ON “IS” VS. “ARE”

“Is” it time for a new quiz? “Are you ready? Then prove your excellent skills with “is” vs. “are”.

Question 1 of 7

IS and ARE are both forms of which verb?

Recommendation for Mark Lassiter I am happy to write a letter of recommendation. I would highly recommend Mark Lassiter to anyone seeking such assistance. His representation allowed me to do very little in my case. It was Mark’s proven expertise and legal knowledge that was of great value in dismissing my case. In short, I have no hesitation in recommending Mark and believe he would be a valuable asset to you. – Name redacted

Dear Mark, Please accept this letter on my behalf and Susan’s. There is a powerful message and testimony that we want to share with you for the first time. For over a year, the weight of what happened to Reid has weighed heavily on our souls. At first we had great anger, resentment and disgust towards Angel (the passenger). Turns out the angel had a serious drinking problem after he turned 21, which neither my son nor we fully understood. The arrest also brought us great disappointment, frustration and discouragement towards Reid. We have found that God often surprises us with His answers to our prayers. Before the arrest, he had prayed that God would help Reid to turn away from selfishness, childishness and destructive ways. We prayed that God would move him to guide him to eternal values ​​and better choices in life. We believe that God answered this prayer with the arrest. We blamed ourselves for bringing this calamity, but we understood that it would take something so powerful to achieve it. We have no doubt that this ordeal left a lasting impression on his soul. During the many delays associated with this case, we were able to forgive Angel in our hearts. Even during the many delays, the full weight of the case sparked conversations in our minds and Reid’s about life choices and directions. Time gave us the opportunity to get rid of the noise and cloudiness of our emotions. We believe this was part of the master plan that God was overseeing. The full story was only revealed today. In this case, against all odds, we can say without question that God was in it. How else could the series of events within the court proceedings have occurred that could give you the possibility that there is a path to victory. Susan and I were in fervent prayer all morning, even after you told us we only had a 25 percent chance of winning. Grace is receiving an undeserved blessing. Reid didn’t deserve the win today. We are all forever marked by the message of grace that was given to us and you were the instrument that brought the gift into our home. Thank you from the bottom of my heart and may God bless and keep you all your days. – Name redacted

Dear Mr. Lassiter, You saved my son’s life today. When he received a DWI, it broke my heart knowing it would stay on his file forever. It would limit his options in life. He would pay for his stupid mistake for the rest of his life. At 21, he was overwhelmed by the depth of the problem he had created for himself. I decided to find him the best attorney in Dallas, and I did. I’ve been looking for lawyers for two days and then I found you. From the moment I read about you, I knew you were the one we need. When I met you, I knew immediately that I trust you completely. Even if the result had resulted in my son being found guilty, I would have had the peace of mind that he had THE BEST attorney. Hearing today how you “own” the courtroom was amazing. They told us in the morning that we only had about a 25% chance of winning; However, by mid-afternoon, the case was closed before the prosecutors even finished, and we won! What an incredible lawyer you are! I will be forever grateful to you. Your work gave my son a second chance. He left the courtroom today with a whole new perspective on life…thanks to you! Sincerely, Susan Ellis

Unless you’re already a petty criminal with countless B and C offenses and an A pending offense, a DWI charge may not matter – otherwise, fight it with all your might – get the best professional, you can find! Why should you? A simple Google search “Texas DWI Penalties” will give you an idea of ​​what you’re seeing: jail, probation, fines, tuition, ignition lockout, skyrocketing insurance rates, and a criminal record for life (yes – it can even happen for the first time Time DWI in Texas) Well if you’ve read up to this point you’re probably hired by a DWI (or simply board) and you’re looking for an attorney – so some basic pointers: a) Same as in real life: you want to surround be from people who know what they’re talking about. Nobody likes people who are constantly bragging about using the usual business buzzwords that don’t mean anything. So: get someone who specializes in that area, ie if 50% or more of their work is in the area of ​​defending DWIs, that’s probably a good indicator – Mark is one of them – talk to him, you will see! b) Educate Yourself – Thanks to a wonderful innovation from DARPA (which you are using right now) you can read all about it: what happened the night before, what an SFT is, what a legal stop is, how an Intoxilyzer 5000 works and what mistakes there are, possible plea options (which aren’t that tempting in TX anyway) – read the stuff, it’s out there and discuss it with your attorney – if he doesn’t want or can’t answer your questions, is that’s a pretty good indicator that you’re in the wrong office, run! – Mark WILL answer your questions – and I’m sure you can’t surprise him in your case with a question he can’t answer or find an answer for you! c) Your lawyer should be ready – more or less – from the start to see your case through to the court. What do you have to lose? If you’re a BAC 0.28 candidate and you’re citing a misdemeanor B, it looks technically better on paper – but it’ll still be with you for life (most employers wouldn’t even consider the difference or know – a DWI is a DWI…) If you are a BAC 0.09 candidate, your chances are even better – (did you know that the Intoxilyzer 5000 reports a calibration margin of +-0.02? Now what, is a BAC 0.09 and an hour into driving now below the legal limit Guess what, the state will say “Of course NOT! The magic machine proved he was drunk and guilty!” That’s why you need a lawyer by your side who is willing to take it to court! – Mark is a trial attorney – these people don’t want to plead, they need the courtroom as their stage, they like to do it, they’re good at it – so let him do it! d) Money / Costs – completely negligible. This is not the time for price comparisons. You are not out there to buy a new hardwood floor for your living room – you are out there to get the best possible outcome in a situation that if convicted will initially hurt you (financially), possibly cost you your job, destroy your job will have standing and will follow you for the rest of your natural life. – Mark will not overcharge you for his service, I think you are getting a great deal. If you feel like you can’t afford an attorney like Mark, put it into perspective: If you hire a $500 attorney and maybe plead guilty to DWI offense B, you’ll pay a lot more down over the years Court costs, tuition, probation fees, DPS surcharges, insurance and and and… But when you hire Mark you have one of the best by your side, you have a real chance – of course Mark is not a magician who makes everything disappear in the blink of an eye, but after 5, 10, 20 years, you don’t want to be like, “Oh boy, I wish I had fought that thing more aggressively back then…” I was already a bit involved in my case when I met Mark. Mark has a can do attitude, tries not to beat around the bush and most importantly: he looks at things, tries different avenues, looks for weak points in the case based on the evidence presented – when you meet him you will have the same experience . During our meetings we discussed alternatives and other options, e.g. Expert witness, jury trial, bank trial, plea agreement (although he didn’t like it – Mark doesn’t want to plead, he wants to win for his clients) And here’s the result: A clear acquittal – NOT GUILTY ( even better than a resignation, which is technically within of the statute of limitations can be reopened by the prosecution – if I understand correctly – not guilty means you are not guilty, case cleared – that’s the end!) Mark’s services have helped me to get the best possible outcome that you can expect when you are charged with a (DWI/DUI) crime and I hope I will never see him again….. (under such circumstances J ) – – Daniel

I would never criminally use or recommend anyone else for anyone else. -Cory M.

You were able to help me win my case when I thought no one could. -Roger C

My family and I will always be indebted to you. -Lissa L.

I switched to you from my original attorney because you made sure I understood the entire process. – Amanda H

I have finally found a lawyer I can rely on. -Cody B

After being accused of underconsumption (MIC) during my freshman year, I turned to Mr. Lassiter for help. Essentially not knowing what to do, Mark really helped guide me through the court process and made me really confident that I would have a positive outcome to the case. As a college student I have an overwhelming amount of work anyway and Mark seemed to really take that into account when he contacted me. He didn’t waste my time on trivial matters and only contacted me when it was really important and directly relevant to the outcome of the case. However, the most important thing about Mr. Lassiter’s services was the result. My case never even made it to trial and was thrown out of court due to Mark’s aggressive defense. Mr. Lassiter’s services are worth every penny and I remind you that I am a “starving college student” so that means a lot. Needless to say, he was truly a pleasure working with and I will call him if I ever have legal troubles in Dallas again. – Matthew E.

Mark is an exceptional attorney who worked tirelessly to secure the best possible deal to help my teenage child. He is very approachable and always takes the time to explain the options that can be taken to achieve the best possible legal outcome. He also serves as a role model for responsible action for young clients. I am very satisfied with his performance and can only recommend him. -Jeff

I’ve never been in trouble with the law. I had no idea who to call or what to do and I was sure this would hang over me for the rest of my life. Markus took care of everything. From the first conversation he put my mind at ease and assured me that everything would be fine… and he was right. He literally made it GO AWAY! Thank God. Well, this one moment of my life will never define who or what I am. – Stephen

I found information about Mark by searching the internet when I was in Illinois and my son needed representation in Tarrant County, Texas. Mark has reported back every single call I’ve made and every email I’ve sent. I believe Mark is fair and honest and will try to do what is best for whoever he represents. – Glenn

When legal representation is needed, we sought qualified attorneys in the Dallas area. During our initial consultation with Mark Lassiter, he discussed his charges, plan of action, and possible outcomes of the case. We found him not only competent, but also detail-oriented and thorough. His knowledge of laws and court procedures was reassuring. Mark Lassiter kept us updated on the progress and was able to resolve the case as quickly as possible. Through his diligence we have achieved the best possible result. We would highly recommend his services to anyone asking for them. – Bob and Jill

When my son was arrested for shoplifting, Mark was able to arrange the first court date with him at very short notice. He got everything done in a timely manner and kept me informed of every step and what we needed to do to move forward quickly. He spoke to my son and I in layman’s terms so there was no doubt as to what he meant. I had never needed a criminal defense attorney in the past but it’s good to know that if I ever need one again I can count on Mark. – Laurie D

With Mark’s advice and help, a very uncomfortable position was made bearable. His experience of the Dallas County Court System was invaluable. He has personal knowledge of the ins and outs of certain courts, assistant prosecutors and judges. We found this information both accurate and reassuring at a difficult time for our family. While I hope and pray we never need his help again, he’s loaded into my contacts and we know we can get expert advice in just minutes. – Scott P

Obviously you have accessed Mark Lassiter’s website, please bear with me while I update you on your good fortune. Unfortunately, a while ago I was arrested by Garland Police on a DWI charge. I have never heard any of my friends/colleagues discuss this topic. Due to the personal humiliation of the circumstances, I would not ask her about it either. So I had to rely on Google to find lawyers to handle things like this for Garland. After finding several hits I started reviewing websites until I accessed M. Lassiters. I was very impressed. I contacted him with the usual trepidation of keeping an unknown person on such a delicate personal matter. Little did I know at the time of my happiness. During the course of my case I came to know the following qualities of M. Lassiter: · He was very capable and never lost focus on my case and interests the pros and cons of my points of view · He is a very personable and energetic person. Ultimately, I am sure that you will find the retention of M. Lassiter an extremely beneficial partnership in solving your case. Sincerely, – Rita L.

When my family was faced with a serious legal matter, I contacted a number of well-known and high-profile attorneys. I was told that this case had no precedent and could not be won. As a result, my family’s hope of an appeal grew dim. Attorney Mark Lassiter promptly answered my call and restored my hope of justice. He was open and honest about the legal prognosis and informed me that this case would be difficult. However, he stated that he understood the merits and would do his best to represent my family. I hired him and within days he had scheduled a new hearing and gathered my family in his office for fact-checking and a defense. The expertise and guidance he displayed while preparing for this case was very reassuring and gave us the glimmer of hope we so desperately wanted to grab. He remained upbeat and approachable in the days leading up to the hearing. He was in constant communication via email or phone and I never felt like this was just “another case” for him. He was extremely comprehensive in his plans and explained the law in great detail but in its simplest form of understanding. I am pleased to say that his brilliant legal strategy mixed with professionalism and compassion paid off and won a victory that ALL brilliant legal minds said could not be won. You know when you seek medical help; You put your life in the hands of doctors. You want someone to fight for you like they would fight for themselves. The same thing happens with a lawyer and Mark is definitely someone who will fight for you. -Dr. Patrick W.

Mark’s extensive knowledge of DUI law and litigation experience handled an admissible case that resulted in an acquittal of all charges against me. He demonstrated a matter-of-fact approach to the facts that ended the misleading rhetoric of the prosecution and successfully quashed any chance of being found guilty. Simply put, I was amazed! It is evident that Mark tirelessly strives for favorable outcomes for his clients. I am very grateful for everything he has done for me and would highly recommend him to anyone in the unfortunate position of being charged with DUI. -Patrick H

Mark Lassiter dismissed my DWI case. If it had gone to court, I was absolutely certain that we would have won. Not because I didn’t make a mistake or because I didn’t surrender my rights to the arresting officer and provide him with the necessary evidence, but because Mark’s absolutely phenomenal navigation of the trial and anticipation of the prosecution’s pre-trial behavior showed his willingness to conduct the trial for me dominate, unnecessary. Don’t leave your upcoming case to chance. Before my case was called, I had the opportunity to observe how other defense attorneys were doing business in relation to their pending cases. There wasn’t one of them I would rather have had on my side than Mark. One of them even missed the opportunity Mark used to have my case dismissed. – AVVO Client

“I would strongly recommend Mark Lassiter based on my experience recently arresting him on a DUI felony charge. I chose Mr. Lassiter based on a personal recommendation from another client who spoke very positively about their experience with him. From start to finish, Mr. Lassiter was a pleasure to work with, both for his professionalism and confident demeanor. His experience with DUI was evident the first time I met him and I kept him straight away. As a former attorney, I had a good idea of ​​what I was looking for and felt confident that Mr. Lassiter was the right person for me. My experience has not disappointed me. The case progressed through the hearings exactly as Mr. Lassiter had described as the likely scenario in my first consultation with him. Throughout the ordeal, Mr. Lassiter’s communication was timely and his response to questions was prompt. At no time did I question that I had hired exactly the right attorney for my defense. The result was that my case was dismissed and I am awaiting the legal deadline to have my file deleted. I could not have been happier with my representation on this matter.” – Tony, a DUI client

Very good lawyer “Mr. Lassiter was an excellent lawyer for me. 16 months ago I was arrested for a DWI. I could no longer keep my job if found guilty of the crime. I was found innocent of all crimes and my record is now clean. Thank you Mr. Lassiter.” – Dan, a DUI customer

I highly recommend Mark Lassiter “I contacted Mark Lassiter based on a personal recommendation. I had never needed a criminal attorney before and felt comfortable with Mr. Lassiter from the moment I spoke. He immediately took my case, appeared for me at hearings, and kept me updated on the status. He was always quick to respond to phone calls and emails and at every step of the process clearly explained my options and their implications for attention to detail as I watched him in court representing another client. I am fortunate to have been represented by an attorney of this caliber and would highly recommend Mark Lassiter.” – Roy

Professional, Confident, Trustworthy Attorney “Mark Lassiter handled my legal case very professionally and competently. From day one he was always available for questions and always sent back out-of-office notes when needed. As someone who never had to deal with legal matters up until 2010, this is a certainty everyone appreciates. Mark advised me through every step of the legal process and although my case never went to court, he kept me updated and informed from the start to the last day of the case dropping. I would highly recommend Mark Lassiter to anyone in need of a legal defense. His tenacity, professionalism and experience from his previous legal roles have definitely stood out and I think a success story for me personally” – Christopher, a DUI client

The Attorney I Would Recommend for Any DWI Claim “If you are looking for legal counsel with a DWI claim, I would highly recommend Mark Lassiter. I was charged with DWI a while ago and didn’t know what to do. My friends and colleagues had never raised this issue, and due to the personal humiliation of the circumstances, I didn’t feel I could reach out to them. So when I came across Mark Lassiter’s website, I had to search Google websites for lawyers handling cases of this type. I was very impressed. I contacted him with the usual trepidation of keeping an unknown person on such a delicate personal matter. At the time of my happiness, I knew little. Ultimately, Mark Lassister received an extremely favorable solution for my case. During this process I discovered some characteristics of Mark Lassiter as follows:. He was very capable and never lost focus on my case and my best interests. He was easy to talk to and he actually listened and elaborated on the pros and cons of my points of view. He is a very likeable and energetic person who is committed to finding the best solution for me. As such, I am confident that your retention of Mark Lassiter will result in a most beneficial partnership and the best outcomes for you in your case.” – Rita, a DUI client

Outstanding Lawyer! “I hired Mr. Lassiter for a complex criminal case that was very important to my family. He knew exactly what to do and got it done without me having to rush him or follow up. Great service and responsiveness. I highly recommend him.” – Frank, a criminal defense attorney

Absolute calm! “Mark Lassiter was my attorney when I faced a DWI charge. I hardly ever had a speeding ticket before this situation, so of course I was panicking. Mark put my mind at ease from the moment I met him. It was nice to have an expert in my corner and I really don’t know how I would have handled the situation without him. Best of all, I was acquitted of the charges! Mark was a bulldog in the courtroom and a rock to me. Its prices are more than fair to top it off. He responds quickly to calls and emails. In fact, I was so pleased with Mark that I referred my younger brother to him.” – Sarah, a DUI client

The best of several I’ve tried. “So this is where you’re looking for lawyers. You have my sympathy. Whatever went wrong in your life can be difficult to fix. In my case, kids get into drugs. It starts small and keeps growing until you start looking for lawyers. I used several other attorneys along the way. I have not written a recommendation for any of them. To me Mark was a shot in the dark where after speaking to him I believed he would likely result in a more favorable outcome. Well, my belief in Mark turned out to be extremely well founded. In addition, he has some additional qualities that make working with him a pleasure. He is always patient, explaining options, “what if” scenarios and likely outcomes. My experience has shown that he is also an excellent negotiator. To sum up, if you need a criminal defense attorney, I think Mark will be a pleasant surprise. Good luck with your case.” t – Jeff, a Criminal Defense Client

Great, Professional DWI Attorney “I first met Mr. Lassiter after hiring another attorney who I felt didn’t pursue all options. Mark Lassiter stepped in and in no time my DWI case was dismissed. I was never nervous when Mark got the case under control. Mark Lassiter will always return emails and phone calls and will keep you informed of any progress on the case. I would happily recommend Mr. Lassiter to anyone who needs good advice.” – Jerod, a DUI client

“I was arrested in March 2010 on suspicion of DWI and had a .18 blown. I retained Mark 3 days later and through his hard work and diligence my case was dismissed without ever having to appear before a judge. His knowledge of criminal law is incredible and he is very kind and has been incredibly respectful and encouraging throughout this harrowing process. Prior to this arrest, I had never had a speeding ticket, and I was extremely scared and terrified of the long-term ramifications of a DWI conviction in Texas since Texas is not a court admissible state and I am an RN , who made an incredibly bad decision, but a DWI conviction could cost me my license to practice medicine. I chose Mark on the recommendation of several people I trust and I’m so glad I did! His staff is very polite and helpful, and his track record is impeccable! I honestly didn’t dare hope that I would be so lucky as to get my case dismissed, but Mark came out on top for me with flying colors! Thanks to Mark’s knowledge and hard work, I am entitled to have this arrest removed from my file in two years and I can relax knowing my license to practice is secure. Mark was also always willing to listen to me and never tried to push me into anything I was uncomfortable with. He responded to my calls and emails within hours and went out of his way to reassure me that while the situation was very serious I agreed that he would champion my cause. I made a horrible, horrible choice and I’m so thankful and happy that no one got hurt. I owe Mark so much and I will never thank him enough for his hard work for me.” – DUI Client

The Best DUI/DWI Attorney in Texas!! “Hi my name is Raul and I got a dwi and was recommended by a friend to tag Lassiter. Her cousin hired him and was very pleased with him and the outcome of the case which they won and was also a dwi case. So I went to talk to Mark about my case. We checked him out. He told me what he thought of the case and what he could do for me. I was very happy and relieved with what we talked about now it was just a waiting game up to this point. There were times when I had questions and could call him anytime and he was more than happy to answer any question I had. He is a very knowledgeable attorney that I would recommend to anyone with a DUI/DWI. The outcome of my case was found not guilty. Um es zusammenzufassen, Mark Lassiter ist ein verdammt guter Anwalt.“ „Er hat ein ungerechtes Ticket für mich bearbeitet und war sehr gründlich und pünktlich mit Mitteilungen usw. Seine Kommunikation war kurz und auf den Punkt gebracht, ohne falsche, flauschige Worte oder Versprechungen. ” – Pat, ein Strafzettel-Klient

Riskieren Sie es nicht, lösen Sie es. „Mark Lassiter hat meinen DWI-Fall abgewiesen. Wenn es vor Gericht gegangen wäre, war ich mir absolut sicher, dass wir gewonnen hätten. Nicht, weil ich keinen Fehler gemacht oder weil ich meine Rechte nicht an den Verhaftungsbeamten abgegeben und ihm die erforderlichen Beweise geliefert hatte, sondern weil Marks absolut phänomenale Navigation des Prozesses und Vorwegnahme des vorgerichtlichen Verhaltens der Staatsanwaltschaft gezeigt hatte seine Bereitschaft, den Prozess für mich zu dominieren, ist unnötig. Überlassen Sie Ihren bevorstehenden Fall nicht dem Zufall. Bevor mein Fall aufgerufen wurde, hatte ich die Gelegenheit zu beobachten, wie andere Verteidiger ihre Geschäfte in Bezug auf ihre anstehenden Fälle abwickelten. Es gab keinen von ihnen, den ich anstelle von Mark lieber auf meiner Seite gehabt hätte. Einer von ihnen hat sogar die Gelegenheit vertan, die Mark genutzt hatte, um meinen Fall abzuweisen.“ – DUI-Client

Mark hat in meinem Fall einen tollen Job gemacht. Ich dachte am Anfang, ich hätte keine Hoffnung, aus dieser DWI herauszukommen. Nachdem ich Mark das allererste Mal getroffen hatte, zeigte er mir Dinge, die ich in meinem Fall nicht wusste, die mich glauben ließen, dass ich noch Hoffnung hatte. Er war immer auf meinem Fall und wusste immer, was los war. Die Staatsanwaltschaft wusste, dass sie keine Chance gegen ihn haben konnte, und LEGTE meinen Fall ab!!!! Ich würde ihn jedem empfehlen. (Ich bewahre seine Visitenkarte in meiner Brieftasche auf, für den Fall, dass jemals etwas passieren sollte). -Kamra

Mark hat meinen Körperverletzungsfall abgewiesen … danke – Arturo Arredondo

Mark Lassiter ist der beste DWI-Anwalt in Dallas. Er hat meinen Fall komplett abgewiesen! Er war äußerst professionell, aber dennoch sympathisch und es war einfach, mit ihm zu arbeiten. Als ich Mark das erste Mal anrief, hatte ich Angst und wollte etwas so Wichtiges wie meinen Fahrausweis und meine Vorstrafen nicht dem Zufall überlassen. Ich wollte nichts weniger als das Größte. Als ich verhaftet wurde, habe ich die gesetzliche Grenze überschritten (dank Mark weiß ich jetzt, wie ich damit umgehen muss, angehalten zu werden, ohne dumm zu sein). Soweit es mich betraf, konnte ich nur auf ein Best-Case-Szenario hoffen. Mark navigierte gekonnt durch das Rechtssystem, war voll und ganz darauf vorbereitet, die Spur zu dominieren, und ließ sich die Staatsanwaltschaft im Grunde selbst in den Fuß schießen. Mein Fall wurde komplett abgewiesen. Ich werde Mark für seine Dienste für immer dankbar sein, da ich nicht mit einer DWI-Verurteilung in meiner Akte leben muss. Mark hat gegen das Gesetz gekämpft und er hat gewonnen. – Josh Jäger

Nachdem ich zum ersten Mal mit einem DWI angeklagt worden war, war ich in einem Zustand der Verwirrung und Verwirrung darüber, was ich tun oder wen ich in der Situation konsultieren sollte. Ich wusste nicht, wo ich anfangen sollte, aber nachdem ich einem Kollegen die Situation erklärt hatte, wurde ich von meinem Kollegen an Mark verwiesen und vereinbarte ein Treffen, damit er die Informationen bezüglich der beschuldigten Straftat überprüft. Ich hatte von anderen Leuten gehört, zu ein paar Anwälten zu gehen, um zu sehen, was jeder anbieten würde, aber ich entschied, dass ich nach dem ersten Treffen mit Mark meine Zeit verschwenden würde, um auch nur zu ergründen, dass jemand anderes als Mark mein DWI-Verteidiger sein würde. Innerhalb der ersten 2 Minuten, nachdem ich meinen sehr ungewöhnlichen Fall erklärt hatte, von einem Texas Highway Patrolman auf der Dallas North Tollway wegen eines anonymen Anrufs von einer unbekannten Quelle an die North Texas Tollway Authority über einen häuslichen Streit angehalten zu werden, an dem angeblich ich beteiligt war und meiner Freundin, was eine komplette Erfindung und einfach eine komplette Lüge des anonymen Anrufers war. Dies veranlasste die TXHP natürlich dazu, einen Stopp einzuleiten, ohne dass ein Verkehrsverstoß meinerseits begangen wurde. Nun, wie Sie sich vorstellen können, war ich wütend über die ganze Situation, angehalten zu werden, weil ich das Gefühl hatte, von Anfang an zu Unrecht beschuldigt zu werden. An diesem Punkt der Erklärung gegenüber Mark sagte er mir, dass der festnehmende Beamte aufgrund eines anonymen Anrufs keinen wahrscheinlichen Grund hatte, eine Verkehrskontrolle einzuleiten, und dass ich Recht hatte, die Nüchternheitstests vor Ort abzulehnen, was zu einer automatischen Verhaftungsanzeige von DWI führte. Teilen Sie an diesem Punkt dem Verhaftungsbeamten sehr offen mit, was ich über sie empfand und ihren „angeblichen“ wahrscheinlichen Grund dafür, dass sie mich nicht nur angehalten, sondern mich sogar über die Situation befragt hat. Sagen wir einfach, dass es sehr R-bewertet war, um es gelinde auszudrücken. Nachdem er sich das Video mit Mark angesehen hatte, versicherte er mir, dass es egal sei, was dem Beamten gesagt wurde oder was die vom Richter angeordneten Blutergebnisse offenbaren würden. This approach of being calm and professional by letting Mark expose the states’ case against me made me feel like I couldn’t have been referred to a better attorney than Mark Lassiter. The quote from Mark I will always remember is “Just go about your daily regular life and don’t worry about it because he would take care of it” and of course this quote at the time seemed like a hard sale but turned out to be the absolute 100 percent truth. Mark ended up being persistent and navigating through the reassignment of at least 5 different prosecutors explaining my case and after 10 long months he presented me with the notarized dismissal paperwork of my case completely due to the hard work and persistence of Mark explaining that the stop was unjustified. This result solidified keeping my job and avoiding any additional ramifications that would have stuck with me forever. I would and will recommend Mark to anyone having to deal with a DWI offense or any other criminal matter in the future because there is no one better.Thanks again Mark. – Kyle – DWI client

I am a very satisfied and a relived client. After meeting with various lawyers Mark was the one who won me over. Walking into his office you will be impressed of all his credentials. He is professional and aggressive which is what everyone looks for in a attorney. Every other lawyer I interviewed mentioned to “plea deal”, I knew that meant settling. A DWI on my record was the LAST thing I wanted. I was very hopeless and scared (considering it was my first offense) but Mark always reassured me that I had a very good case. Ultimately, Mark did a phenomenal job in the court room (he had the prosecutors speechless), which resulted in a dismissal. I recommend this man to everyone I know. Thank you Mark, I owe you my life. – NG

I recently was referred to contact Mark Lassiter by a colleague and called him for a consultation related to a recent arrest for public intoxication in Dallas. He was terrific; I had never been arrested before and was unsure of what the appropriate next steps would be. He was detailed in his step-by-step approach and provided me sound legal advice on how he would handle this case.I elected to hire him as my attorney and it was the best decision. He handled my case and was able to get the charges dismissed. As a professional it was imperative to be able to get this charge removed from my record.If you are in need of a criminal defense attorney, I would highly recommend Mark’s services. – PS

I had my first DWI charge and I was unclear of next steps. I was getting propositioned left and right by less ethical lawyers and one even “claimed” my case and I missed my court date. However, Mark Lassiter and his amazing paralegal took care of everything. They were very prompt and clear with their communication on every step of the process. Also if anything came up I got a call right away and they let me know what I needed to do next. Honestly made this stressful situation manageable. I already recommend them to anyone who is going through the same situation as me. That said he does come at a premium cost but is worth every penny, and his team is willing to work with you on payment plans. – Anon

Mark is a very intelligent professional defense Attorney on my DWI offense that Mark convinced the jury that i wasn’t guilty i highy recommend Mark to my family and friends once again thanks Mark – Carlos

When my son received a DWI, I wanted to get him THE BEST lawyer I could find. I researched for two days, and then I found Mark Lassiter. I looked no further. As soon as I read about him, I knew that I found THE BEST. From the moment I met him, I had COMPLETE confidence in him. At the end of my son’s trial, Mr. Lassiter came through with a defense case so impressive that the case was dismissed before the prosecutors finished their argument. I will always be grateful to him. – Susan