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Brandishing a Firearm Defense Attorney in Inglewood, California

Table of Contents

A man drawing a handgun from under his shirt

When you’re facing brandishing a firearm charges in Inglewood, California, you’re confronting serious criminal allegations that can result in mandatory jail time, permanent criminal records, loss of gun rights, and devastating consequences for your career, family, and future. Whether the incident involved a heated argument, a perceived threat, self-defense, or a misunderstanding, brandishing charges under California Penal Code Section 417 carry severe penalties and require an aggressive, strategic defense. At Tu Defensor Criminalista, we provide experienced, skilled legal representation to clients throughout Inglewood and Los Angeles County who are facing brandishing a firearm charges and related weapons offenses.

Understanding Brandishing a Firearm in Inglewood, California

Inglewood is a diverse, vibrant city in southwestern Los Angeles County with a population of approximately 102,774 residents. Home to iconic venues including SoFi Stadium, The Forum, and the rapidly developing Hollywood Park entertainment district, Inglewood has undergone tremendous economic transformation in recent years. With this growth has come increased attention from law enforcement to weapons-related offenses, including brandishing charges.

According to the FBI’s Uniform Crime Reporting (UCR) Program[1], weapons law violations are tracked as a specific offense category, with firearms involved in a significant percentage of violent crimes and threatening incidents nationwide. The California Department of Justice[2] reports that weapons-related arrests, including brandishing offenses, remain a priority for law enforcement agencies throughout the state.

In Los Angeles County, the Los Angeles County Sheriff’s Department[3] dedicates substantial resources to investigating and prosecuting weapons offenses, including brandishing incidents that often arise from road rage, neighbor disputes, domestic conflicts, and other confrontational situations. The Giffords Law Center to Prevent Gun Violence[4] notes that California has some of the strictest gun laws in the nation, with comprehensive regulations designed to prevent gun violence and illegal weapon use.

Brandishing charges are taken extremely seriously by prosecutors because they involve the display of deadly weapons in threatening circumstances, even when no one is actually injured. Understanding the specific elements of brandishing charges, the available defenses, and the potential penalties is critical to protecting your rights and freedom.

California Penal Code § 417: Brandishing a Weapon or Firearm

California Penal Code Section 417 makes it a crime to draw or exhibit a deadly weapon or firearm in a rude, angry, or threatening manner in the presence of another person, or to use a deadly weapon or firearm in a fight or quarrel (except in self-defense).

Elements of Brandishing a Firearm

To convict you of brandishing a firearm under PC § 417(a)(2), the prosecution must prove beyond a reasonable doubt that:

  1. You drew or exhibited a firearm in the presence of another person
  2. You did so in a rude, angry, or threatening manner
  3. OR you used the firearm in a fight or quarrel
  4. You were not acting in lawful self-defense or defense of another person

It is important to note that you do not need to actually point the firearm at someone to be convicted of brandishing. Simply displaying the firearm in a threatening manner is sufficient. Additionally, the firearm does not need to be loaded, and you do not need to verbally threaten anyone.

What Constitutes “Drawing or Exhibiting” a Firearm?

“Drawing or exhibiting” a firearm can include:

  • Pulling a firearm from a holster, waistband, or pocket
  • Showing a firearm that was previously concealed
  • Pointing a firearm in someone’s direction
  • Waving or gesturing with a firearm
  • Lifting your shirt to display a firearm in your waistband
  • Placing your hand on a visible firearm in a threatening manner

The key factor is whether your actions made the firearm visible to another person in a context that was threatening, rude, or angry.

What Does “Rude, Angry, or Threatening Manner” Mean?

California courts have interpreted “rude, angry, or threatening manner” broadly. According to California jury instructions[5], a firearm is exhibited in a “rude, angry, or threatening manner” if it is displayed in a way that would cause a reasonable person to fear for their safety or be intimidated.

Context matters enormously. Factors courts consider include:

  • The relationship between you and the other person
  • What words were spoken before, during, or after displaying the firearm
  • Whether the other person appeared threatened or frightened
  • The circumstances leading up to the incident
  • Whether you made aggressive movements or gestures
  • The overall tone and nature of the interaction

Penalties for Brandishing a Firearm in California

The penalties for brandishing a firearm depend on several factors including where the offense occurred, who was present, and whether certain aggravating circumstances existed.

Brandishing a Firearm (PC § 417(a)(2)) – Standard Offense:

This is a misdemeanor punishable by:

  • Minimum of three months in county jail (mandatory)
  • Up to one year in county jail
  • A fine of up to $1,000
  • Summary (informal) probation
  • Loss of the right to own or possess firearms for 10 years under California law
  • Possible firearm confiscation

Brandishing a Firearm in Certain Locations or Circumstances:

The offense becomes more serious (felony) if you brandished a firearm:

  • In the presence of a peace officer or firefighter performing their duties, and you knew or should have known they were a peace officer or firefighter

Felony brandishing in the presence of a peace officer is punishable by:

  • 16 months, two years, or three years in state prison
  • Loss of gun rights for life
  • A strike under California’s Three Strikes Law in certain circumstances

Brandishing a Firearm in a Day Care Center:

Brandishing a firearm in a day care center during normal hours of operation is punishable by:

  • Minimum of three months and up to one year in county jail (misdemeanor)
  • Or 16 months, two years, or three years in county jail (felony)

Brandishing a Firearm on Specific Highways:

Drawing or exhibiting a firearm in the presence of a motor vehicle occupant on a highway or public lands can carry enhanced penalties, particularly if related to road rage incidents.

Related Weapons Offenses

Brandishing charges are often filed alongside or instead of other weapons-related offenses:

Assault with a Firearm (PC § 245(a)(2)): If you actually pointed the firearm at someone or your actions went beyond mere brandishing to constitute an assault, you may be charged with the more serious offense of assault with a firearm, which carries penalties of two, three, or four years in state prison and counts as a strike under the Three Strikes Law.

Carrying a Loaded Firearm in Public (PC § 25850): If you were carrying a loaded firearm in public when the brandishing occurred, you may face additional charges.

Carrying a Concealed Firearm (PC § 25400): If the firearm was concealed before you brandished it, prosecutors may add concealed carry charges.

Criminal Threats (PC § 422): If you made verbal threats while brandishing the firearm, you may face criminal threats charges, which carry up to three years in state prison.

Brandishing Statistics and Context in Inglewood and Los Angeles County

Understanding the context in which brandishing charges are prosecuted provides important insight into how these cases are handled. According to the California Department of Justice’s Criminal Justice Statistics[2], weapons violations constitute a significant category of arrests statewide, with law enforcement agencies prioritizing cases involving the display or use of firearms in public.

The Los Angeles Police Department[6] tracks weapons-related incidents throughout the city and county, with brandishing offenses often arising from:

  • Road rage incidents on busy Los Angeles County freeways and streets
  • Neighbor disputes in residential areas
  • Domestic violence situations
  • Bar fights and altercations outside nightlife venues
  • Disputes over parking, property lines, or noise
  • Confrontations at sporting events or entertainment venues

According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF)[7], California has millions of registered firearm owners, increasing the likelihood of incidents where firearms are displayed in confrontational situations.

Data from Neighborhood Scout[8] indicates that while violent crime in Inglewood has decreased in some categories in recent years, the city’s law enforcement continues to aggressively pursue weapons-related offenses as part of broader public safety initiatives.

The Giffords Law Center[4] notes that California’s comprehensive gun safety laws include specific provisions designed to prevent threatening displays of firearms, reflecting the state’s commitment to reducing gun violence and intimidation.

These statistics demonstrate why brandishing charges are prosecuted vigorously in Inglewood and throughout Los Angeles County—and why you need an experienced criminal defense attorney who understands both the legal complexities and the local court system.

The Collateral Consequences of a Brandishing Conviction

Beyond the immediate criminal penalties of jail time and fines, a brandishing conviction creates serious collateral consequences that can affect virtually every aspect of your life:

Loss of Gun Rights

A brandishing conviction results in:

  • 10-year prohibition on owning or possessing firearms under California law (for misdemeanor conviction)
  • Lifetime prohibition under California and federal law (for felony conviction)
  • Immediate confiscation of all firearms in your possession
  • Ineligibility to obtain concealed carry permits

According to the Bureau of Alcohol, Tobacco, Firearms and Explosives[9], federal law prohibits firearm possession by individuals convicted of misdemeanor crimes of domestic violence and felonies punishable by more than one year imprisonment, making most brandishing convictions disqualifying under federal law.

Employment Consequences

A brandishing conviction can severely impact employment because:

  • Most employers conduct background checks and view weapons-related convictions as serious disqualifiers
  • Jobs requiring security clearances, firearms possession, or positions of trust become unavailable
  • Professional licenses in fields such as law enforcement, security, healthcare, education, and law may be denied or revoked
  • Current employment may be terminated, especially for government employees, contractors, or positions involving weapons
  • Military service members may face discharge or non-judicial punishment

Immigration Consequences

For non-citizens, a brandishing conviction can trigger severe immigration consequences. Under federal immigration law, firearms offenses may constitute:

  • Crimes Involving Moral Turpitude (CIMTs): Can result in inadmissibility and deportation
  • Aggravated Felonies (for felony brandishing): Mandatory deportation with virtually no relief available
  • Denial of naturalization, visa applications, and green card renewals

Even lawful permanent residents (green card holders) face deportation for weapons-related convictions. If you are not a U.S. citizen, it is absolutely critical that your defense attorney understands immigration law and structures any resolution to minimize or avoid immigration consequences.

Professional Licensing

If you hold or are seeking a professional license, a brandishing conviction can result in:

  • Denial of initial license applications
  • Revocation or suspension of existing licenses
  • Probationary conditions or restrictions
  • Mandatory disclosure to clients, patients, or the public
  • Disqualification from certain practice areas

California’s professional licensing boards—including the State Bar, Medical Board, Board of Registered Nursing, and others—view weapons convictions as serious evidence of lack of moral character and fitness to practice.

Child Custody and Family Court

A brandishing conviction can significantly impact child custody and visitation rights:

  • Family courts consider criminal convictions when making custody determinations
  • Weapons-related offenses raise concerns about child safety
  • You may face supervised visitation requirements
  • The other parent may use the conviction to argue against custody or overnight visits

Housing Difficulties

A criminal conviction can make housing extremely difficult:

  • Landlords routinely conduct background checks and may deny applications based on weapons convictions
  • Public housing and Section 8 assistance may be unavailable
  • Some homeowners associations prohibit residents with certain criminal convictions

Educational and Financial Aid

A conviction can affect:

  • College and university admissions
  • Student loans and financial aid eligibility
  • Participation in certain educational programs
  • Campus employment and housing

Civil Lawsuits

Beyond criminal penalties, you may face civil lawsuits filed by the person you allegedly threatened, seeking damages for emotional distress, fear, and related harm.

Common Defenses to Brandishing a Firearm Charges

At Tu Defensor Criminalista, we have successfully defended numerous clients against brandishing charges using strategic defenses tailored to the specific facts of each case. Effective defenses include:

Self-Defense

You have the legal right to display a firearm when you reasonably believe you or another person is in imminent danger of suffering bodily injury or being unlawfully touched. Self-defense is a complete defense to brandishing charges if we can establish that:

  1. You reasonably believed you or someone else was in imminent danger of suffering bodily injury
  2. You reasonably believed that displaying the firearm was necessary to defend against that danger
  3. You displayed no more force than was reasonably necessary under the circumstances
  4. You did not use the firearm in a fight or quarrel that you started

California law recognizes your right to stand your ground—you have no duty to retreat before displaying a weapon in lawful self-defense. According to California jury instructions[5], the key question is whether your actions were reasonable under the circumstances as you perceived them.

We gather evidence to support self-defense claims including:

  • Witness statements about the other person’s threatening behavior
  • Video surveillance showing the confrontation
  • Your injuries or evidence of assault
  • The other person’s history of violence
  • Text messages, emails, or social media posts containing threats
  • 911 recordings
  • Expert testimony on reasonable fear and threat assessment

Defense of Others

Similar to self-defense, you may lawfully display a firearm to protect another person from imminent danger. If you reasonably believed someone else faced immediate harm and displaying the firearm was necessary to protect them, this is a complete defense.

No “Rude, Angry, or Threatening Manner”

If your display of the firearm was not done in a rude, angry, or threatening manner, you should not be convicted. Examples include:

  • You were lawfully transporting your firearm and it accidentally became visible
  • You were showing your firearm to someone who expressed interest in seeing it (e.g., a collector, friend, or potential buyer)
  • You were engaged in lawful activities such as cleaning, maintenance, or storage of your firearm
  • The display occurred in a context where no reasonable person would feel threatened

We challenge the prosecution’s characterization of the incident by presenting evidence of the context, your demeanor, the relationship between parties, and other factors showing the display was not threatening.

Lack of Intent

Brandishing requires that you willfully drew or exhibited the firearm. If the display was accidental or unintentional, you should not be convicted. Examples include:

  • Your firearm fell from your waistband or holster
  • Your shirt rode up accidentally, exposing a holstered firearm
  • You reached for something else and your hand brushed against your firearm
  • You made a gesture and your jacket moved, briefly revealing the firearm

False Accusations

Unfortunately, false accusations of brandishing are common, often arising from:

  • Road rage incidents where the other party exaggerates or fabricates details
  • Domestic disputes where one party seeks advantage in custody or restraining order proceedings
  • Neighbor conflicts where one party wants to harass or retaliate
  • Situations where the alleged victim has ulterior motives

We thoroughly investigate the accuser’s credibility, motivations, and any history of making false reports. We examine inconsistencies in their statements, contradictions with physical evidence, and bias or reasons to fabricate.

Insufficient Evidence

The prosecution must prove every element beyond a reasonable doubt. In many brandishing cases, the evidence is weak, consisting only of the alleged victim’s testimony with no corroborating evidence. We challenge insufficient evidence by:

  • Highlighting the lack of independent witnesses
  • Demonstrating no physical evidence (surveillance video, photos, etc.)
  • Exposing inconsistencies in the alleged victim’s statements
  • Presenting alternative explanations for events
  • Establishing reasonable doubt about what actually occurred

Illegal Search and Seizure

If police discovered your firearm through an illegal search, we can file a motion to suppress the evidence under the Fourth Amendment and California Penal Code § 1538.5. Common scenarios include:

  • Traffic stops without reasonable suspicion
  • Searches of vehicles without consent, warrant, or probable cause
  • Searches of your person or property exceeding the scope of consent
  • Searches based on racial profiling or pretextual stops

If the search was illegal, the firearm evidence must be excluded, often resulting in dismissal of charges.

Violation of Miranda Rights

If police interrogated you in custody without first advising you of your Miranda rights (right to remain silent, right to an attorney), any statements you made must be suppressed and cannot be used against you at trial.

Mistaken Identity

In chaotic situations with multiple people present, witnesses may misidentify who displayed the firearm. We challenge identifications through:

  • Cross-examination exposing weaknesses in identification
  • Alibi evidence proving you were elsewhere
  • Surveillance video contradicting witness accounts
  • Expert testimony on eyewitness unreliability

Firearm Was Not Loaded or Functional

While brandishing can be charged even with an unloaded firearm, in some circumstances we can argue that the firearm’s inoperability or unloaded status negates the threatening nature of the display or reduces the severity of the offense for purposes of negotiation.

Constitutional Right to Bear Arms

In limited circumstances, we may argue that your display of the firearm was protected by the Second Amendment right to bear arms, particularly when you were lawfully carrying and the display was not threatening.

Our Strategic Approach to Defending Brandishing Cases in Inglewood

At Tu Defensor Criminalista, we provide comprehensive, personalized defense representation that includes:

Immediate Investigation and Evidence Preservation

We begin working immediately to:

  • Interview you in detail about the incident
  • Identify and interview all witnesses
  • Obtain surveillance video from businesses, residences, and traffic cameras
  • Preserve 911 recordings and police body camera footage
  • Document the scene with photographs and measurements
  • Obtain medical records if injuries were claimed
  • Review police reports for inaccuracies and inconsistencies
  • Examine the firearm and any related physical evidence

Early investigation is critical because evidence can be lost or destroyed, witnesses’ memories fade, and surveillance video is often erased after short periods.

Strategic Pre-Filing Intervention

In many cases, we can intervene before formal charges are filed by presenting evidence and arguments to prosecutors demonstrating:

  • You acted in lawful self-defense
  • The alleged victim is not credible or has motives to fabricate
  • The evidence does not support brandishing charges
  • The incident was a misunderstanding or accident
  • Alternative resolutions are appropriate

Our pre-filing intervention has prevented charges from being filed in numerous cases, allowing clients to avoid criminal records entirely.

Aggressive Motion Practice

We file strategic pretrial motions including:

  • Motions to Suppress Evidence: Challenge illegally obtained evidence
  • Pitchess Motions: Obtain police officer personnel records showing patterns of dishonesty, misconduct, or false arrests
  • Motions to Dismiss: Argue insufficient evidence or violations of your rights
  • Motions in Limine: Exclude prejudicial or irrelevant evidence from trial

Successful motions can result in dismissal of charges or exclusion of damaging evidence.

Expert Negotiation with Prosecutors

We leverage our extensive experience and relationships with Los Angeles County prosecutors to negotiate favorable outcomes including:

  • Dismissal of all charges
  • Reduction from felony to misdemeanor (when charged as felony)
  • Reduction to non-weapons offenses such as disturbing the peace (PC § 415)
  • Diversion programs allowing you to avoid a conviction
  • Probation instead of jail time
  • Minimal or suspended jail sentences

We know what prosecutors need to see to agree to favorable resolutions and how to present your case in the best possible light.

Skilled Trial Advocacy

When negotiation does not produce an acceptable result, we are fully prepared to take your case to trial. Our attorneys are experienced trial lawyers who excel at:

  • Selecting favorable jurors through strategic voir dire
  • Delivering compelling opening statements that frame the case in your favor
  • Conducting effective direct examination of defense witnesses
  • Conducting devastating cross-examination that exposes weaknesses in prosecution witnesses
  • Presenting persuasive evidence including expert testimony on self-defense, threat perception, and firearms
  • Making powerful closing arguments that create reasonable doubt
  • Preserving issues for appeal

We have achieved numerous not guilty verdicts in weapons cases including brandishing charges.

Post-Conviction Relief

Even after conviction, we continue fighting for you by:

  • Filing appeals challenging legal errors or insufficient evidence
  • Seeking early termination of probation
  • Petitioning for expungement under Penal Code § 1203.4 to clear your record
  • Pursuing reduction of felony to misdemeanor under PC § 17(b)
  • Seeking certificates of rehabilitation
  • Pursuing restoration of gun rights when legally possible

The Court Process for Brandishing Cases in Inglewood

Brandishing cases in Inglewood are prosecuted in the Inglewood Courthouse, part of the Los Angeles County Superior Court system, located at:

Inglewood Courthouse One Regent Street Inglewood, CA 90301

Understanding the court process helps you make informed decisions and reduces anxiety about what to expect.

Arrest and Citation

Brandishing cases typically begin with:

  • Arrest at the scene after police respond to a 911 call
  • Arrest after investigation when the alleged victim files a report
  • Citation (notice to appear) for misdemeanor offenses

After arrest, you will be booked, fingerprinted, and held until bail is posted or you are released on your own recognizance. Your firearm will be confiscated and held as evidence.

Arraignment

At your first court appearance (typically within 48 hours if arrested):

  • The judge informs you of the charges
  • You enter a plea (we advise pleading not guilty)
  • Bail is set or modified
  • The judge may issue a criminal protective order
  • The next court date is scheduled

Pretrial Conferences

During pretrial hearings, your attorney will:

  • Receive discovery (evidence) from the prosecution
  • File and argue pretrial motions
  • Negotiate with prosecutors for dismissal or reduction of charges
  • Prepare for preliminary hearing (if felony) or trial

Most cases are resolved during the pretrial stage through negotiation.

Preliminary Hearing (Felony Cases Only)

If charged with felony brandishing (e.g., in presence of peace officer), you are entitled to a preliminary hearing where:

  • Prosecutors present evidence to establish probable cause
  • Your attorney cross-examines prosecution witnesses
  • The judge determines whether sufficient evidence exists to proceed to trial

Preliminary hearings provide valuable opportunities to assess the prosecution’s case and lock in witness testimony for impeachment at trial.

Trial

If your case proceeds to trial:

  • You have the constitutional right to a jury trial
  • Prosecutors must prove every element beyond a reasonable doubt
  • Your attorney presents your defense including self-defense or other defenses
  • The jury deliberates and returns a verdict

If found not guilty, you are acquitted and the charges are dismissed. If convicted, the case proceeds to sentencing.

Sentencing

At sentencing, the judge considers:

  • The nature and circumstances of the offense
  • Your criminal history (if any)
  • Probation department recommendations
  • The alleged victim’s statement
  • Your attorney’s mitigation arguments
  • Aggravating and mitigating factors

We present compelling evidence for lenient sentencing including character letters, proof of employment, family responsibilities, completion of counseling, and other positive factors.

Why Choose Tu Defensor Criminalista for Your Brandishing Defense?

When facing brandishing charges, you need an attorney with:

Extensive Experience Defending Weapons Charges

Our attorneys have defended thousands of weapons cases including brandishing, assault with firearms, illegal possession, and all categories of firearms offenses. We understand the technical elements of these charges and the most effective defense strategies.

Proven Track Record of Success

We have achieved outstanding results including:

  • Dismissals of brandishing charges before and after filing
  • Not guilty verdicts at trial
  • Successful self-defense arguments resulting in acquittals
  • Reductions from felony to misdemeanor
  • Reductions to non-weapons offenses
  • Diversion and alternative sentencing
  • Probation instead of jail time

Knowledge of Inglewood Courts and Prosecutors

We practice regularly in the Inglewood Courthouse and throughout Los Angeles County. Our established relationships with judges, prosecutors, and court staff allow us to navigate your case more effectively and develop strategies that resonate with local decision-makers.

Personalized, Client-Centered Representation

We treat every client as an individual with unique circumstances and goals. We take time to listen to your story, understand your priorities, and develop a defense strategy tailored to your needs. You work directly with experienced attorneys, not paralegals or case managers.

Bilingual Legal Services

We are fluent in both English and Spanish (Hablamos Español), ensuring clear communication throughout your case. This is especially important in brandishing cases where details about what was said and done are critical to your defense.

24/7 Availability

Brandishing arrests often occur at night, on weekends, or immediately after confrontational incidents. We are available 24 hours a day, 7 days a week to provide immediate assistance. We can meet with you in custody, post bail, and begin your defense immediately.

Aggressive, Strategic Defense

We are not afraid to take cases to trial when necessary. We thoroughly investigate every case, challenge prosecution evidence at every stage, and fight aggressively to protect your rights, freedom, and gun rights.

Focus on Protecting Your Rights and Future

We understand that a brandishing conviction doesn’t just mean jail time—it means losing your gun rights, potentially your job, and facing a permanent criminal record. We fight not just to minimize jail time but to achieve outcomes that protect your long-term interests.

Understanding Self-Defense Law in California

Self-defense is the most common and often most effective defense to brandishing charges. California law recognizes your right to display or use force, including deadly force, when you reasonably believe you or another person faces imminent danger.

According to California jury instructions (CALCRIM 3470)[5], you are justified in displaying a weapon in self-defense if:

  1. You reasonably believed you were in imminent danger of suffering bodily injury or being unlawfully touched
  2. You reasonably believed the immediate display of the weapon was necessary to defend against that danger
  3. You displayed only the amount of force that a reasonable person would believe necessary under the circumstances

Importantly, you are not required to retreat or try to escape before displaying a weapon in self-defense. California follows the “stand your ground” principle—you have the right to stand your ground and defend yourself if you are in a place where you have a legal right to be.

The key question is always reasonableness: Would a reasonable person in your situation have believed they faced imminent danger and that displaying the firearm was necessary? We present evidence showing that your actions were reasonable under the circumstances you faced.

Frequently Asked Questions

Is it brandishing if I never pointed the gun at anyone?

Yes. You can be convicted of brandishing even if you never pointed the firearm at anyone. Simply displaying the firearm in a rude, angry, or threatening manner is sufficient. This can include pulling it from a holster, lifting your shirt to show it in your waistband, or waving it in a threatening way.

Can I be charged with brandishing if the gun wasn’t loaded?

Yes. The firearm does not need to be loaded for brandishing charges. The law focuses on how you displayed the weapon and whether it was done in a threatening manner, not on whether the weapon was capable of firing.

What if I was defending myself or my family?

Self-defense is a complete defense to brandishing charges. If you reasonably believed you or another person faced imminent danger and displaying the firearm was necessary to defend against that danger, you should not be convicted. We gather evidence to demonstrate that your actions were justified self-defense.

Will I lose my gun rights if convicted of brandishing?

Yes. A misdemeanor brandishing conviction results in a 10-year prohibition on firearm possession under California law. A felony conviction results in a lifetime ban under both California and federal law. This is one reason it’s so important to fight these charges aggressively.

Can brandishing charges be reduced to a lesser offense?

Yes, in many cases. We often negotiate reductions to disturbing the peace (PC § 415) or other non-weapons offenses that do not carry the same severe consequences, including preservation of gun rights in some cases.

What if the other person started the confrontation?

This is important evidence supporting self-defense. If the other person was the aggressor, threatened you, or initiated physical contact, this strongly supports your claim that you reasonably feared for your safety and justifiably displayed your firearm in self-defense.

Will I go to jail if convicted of brandishing a firearm?

For misdemeanor brandishing of a firearm, there is a mandatory minimum of three months in county jail. However, in some cases, we can negotiate for alternative sentencing including house arrest, work furlough, or weekends, or we can fight to have the charges dismissed or reduced to avoid jail entirely.

What if there were no witnesses besides me and the other person?

Many brandishing cases come down to “he said, she said” situations. Without independent witnesses or evidence, the prosecution may have difficulty proving their case beyond a reasonable doubt. We thoroughly examine the credibility of the alleged victim and look for inconsistencies or motives to fabricate.

Can I get my gun back after a brandishing arrest?

It depends. If you are acquitted or charges are dismissed, you can typically get your firearm back (assuming you are legally allowed to possess it). If you are convicted, your firearm will be forfeited and you will be prohibited from possessing firearms for 10 years (misdemeanor) or life (felony).

How much does it cost to hire a brandishing defense attorney?

Legal fees vary depending on case complexity, whether it proceeds to trial, and other factors. We offer free consultations where we discuss your case and provide transparent information about our fees. We also offer payment plans to make quality representation accessible. Given the severity of consequences—including mandatory jail time and loss of gun rights—experienced legal representation is essential.

Contact Tu Defensor Criminalista Today for a Free Consultation

If you have been arrested or charged with brandishing a firearm or any other weapons-related offense in Inglewood, California, time is critical. The sooner we begin working on your case, the better your chances of achieving a favorable outcome. At Tu Defensor Criminalista, we provide aggressive, strategic defense representation to protect your rights, your freedom, your gun rights, and your future.

Contact Information

Service areasServing Inglewood and nearby communities
LanguagesEnglish & Spanish (Hablamos Español)
Get a Free Consultation

We offer free, confidential consultations to discuss your case, answer your questions, and explain your legal options. Our attorneys are available 24 hours a day, 7 days a week to provide immediate assistance when you need it most.

Don’t face brandishing charges alone. Contact Tu Defensor Criminalista today and let us fight for you.


Citations and References

  1. U.S. Census Bureau. “QuickFacts: Inglewood city, California.” Available at: https://www.census.gov/quickfacts/fact/table/inglewoodcitycalifornia[10]
  2. Federal Bureau of Investigation. “Uniform Crime Reporting (UCR) Program: Crime in the United States.” Available at: https://ucr.fbi.gov/crime-in-the-u.s[1]
  3. California Department of Justice, Criminal Justice Statistics Center. “Crime Statistics: Crimes & Clearances.” Available at: https://openjustice.doj.ca.gov/exploration/crime-statistics/crimes-clearances[2]
  4. Los Angeles County Sheriff’s Department. “Transparency: Crime Statistics.” Available at: https://lasd.org/transparency/[3]
  5. Giffords Law Center to Prevent Gun Violence. “Gun Laws in California.” Available at: https://giffords.org/lawcenter/gun-laws/states/california/[4]
  6. Los Angeles Police Department. “Crime Mapping and COMPSTAT.” Available at: https://www.lapdonline.org/crime-mapping-and-compstat/[6]
  7. Bureau of Alcohol, Tobacco, Firearms and Explosives. “Fact Sheet – Facts and Figures.” Available at: https://www.atf.gov/resource-center/fact-sheet/fact-sheet-facts-and-figures[7]
  8. Neighborhood Scout. “Inglewood, CA Crime Rates.” Available at: https://www.neighborhoodscout.com/ca/inglewood/crime[8]
  9. Bureau of Alcohol, Tobacco, Firearms and Explosives. “Identify Prohibited Persons.” Available at: https://www.atf.gov/firearms/identify-prohibited-persons[9]
  10. California Courts. “Criminal Jury Instructions (CALCRIM).” Judicial Council of California. Available at: https://www.courts.ca.gov/partners/documents/calcrim_2021.pdf[5]
  11. California Courts. “Criminal Law Self-Help.” Judicial Branch of California. Available at: https://www.courts.ca.gov/selfhelp-criminaltrial.htm[11]
  12. California Legislative Information. “Penal Code Section 417.” Available at: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=417&lawCode=PEN[12]
  13. Los Angeles County Superior Court. “Inglewood Courthouse Information.” Available at: https://www.lacourt.org/courthouse/info/inglewood[13]
  14. California Department of Justice. “Firearms Laws and Regulations.” Available at: https://oag.ca.gov/firearms[14]
  15. California Courts. “Self-Defense: California Criminal Jury Instructions.” Available at: https://www.courts.ca.gov/partners/documents/calcrim_2021.pdf[5]

Sources

  1. FBI’s Uniform Crime Reporting (UCR) Program (ucr.fbi.gov)
  2. California Department of Justice (openjustice.doj.ca.gov)
  3. Los Angeles County Sheriff’s Department (lasd.org)
  4. Giffords Law Center to Prevent Gun Violence (giffords.org)
  5. California jury instructions (courts.ca.gov)
  6. Los Angeles Police Department (lapdonline.org)
  7. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) (atf.gov)
  8. Neighborhood Scout (neighborhoodscout.com)
  9. Bureau of Alcohol, Tobacco, Firearms and Explosives (atf.gov)
  10. https://www.census.gov/quickfacts/fact/table/inglewoodcitycalifornia (census.gov)
  11. https://www.courts.ca.gov/selfhelp-criminaltrial.htm (courts.ca.gov)
  12. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=417&lawCode=PEN (leginfo.legislature.ca.gov)
  13. https://www.lacourt.org/courthouse/info/inglewood (lacourt.org)
  14. https://oag.ca.gov/firearms (oag.ca.gov)

Client Trust & Avvo Recognition

Attorney Armando Josué Cespedes is rated 5.0 on Avvo, with 34 five-star reviews from clients praising his dedication, professionalism, and results. Many note how his trial skills and attention to detail led to reduced charges or outright dismissals.

I was arrested for a DUI just recently, since Spanish is my first language, it was important to find a great attorney who was bilingual. Getting your first DUI can...
Christian
Armando cespedes went above and beyond for my case. I was very close to getting my license revoked as I am under the age of 21 and received my second...
Nathan
I was referred to Mr. Cespedes by a family friend who was very pleased with his legal services. Unfortunately, I got a DUI a few months ago and I was...
Connie
He cares and did everything possible to help me resolve my case. I was worried about my hit and run and DUI case. Not only did he go to court...
Pablo M.
Armando gets results with your best interest in mind. I was wrongfully being accused of making primal threats. Even though I was innocent, I was aware that the accusations are...
Raul
Extremely professional I recently had a brief phone consultation with Mr. Cespedes regarding a longtime friend of mine. Although he was unable to assist him with his legal needs, I...
Shereen

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