Monday, June 14, 2010

PC 417(a)(1) (brandishing a weapon)

California Penal Code section 417 states:
(a) (1) Every person who, except in self-defense, in the
presence of any other person, draws or exhibits any deadly weapon
whatsoever, other than a firearm, in a rude, angry, or threatening
manner, or who in any manner, unlawfully uses a deadly weapon other
than a firearm in any fight or quarrel is guilty of a misdemeanor,
punishable by imprisonment in a county jail for not less than 30
days.
Under PC 417(a)(1) a person is guilty of a misdemeanor if they
draw or exhibit any deadly weapon (knife, bat, machete, switch-blade,
broken bottle, crowbar, etc.) that is not a firearm in a rude,
angry or threatening manner. The individual is also guilty of a
misdemeanor if they unlawfully use a deadly weapon (except a
firearm) in any fight or quarrel.
The punishment for this is a minimum of 30 days in county jail.

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