Being charged with brandishing a firearm in Pasadena is a serious matter that demands immediate legal attention. Whether you were defending yourself, involved in a misunderstanding, or are facing false accusations, a brandishing conviction can result in jail time, hefty fines, loss of your Second Amendment rights, and a permanent criminal record that affects your employment, housing, and reputation. At Tu Defensor Criminalista, we understand the gravity of weapons charges and provide aggressive, strategic defense for clients throughout Pasadena and Los Angeles County.
California’s brandishing laws are complex and often misunderstood. What you believed was lawful self-defense or a constitutionally protected act may be viewed very differently by law enforcement and prosecutors. The Los Angeles County District Attorney’s Office prosecutes brandishing cases vigorously, particularly in Pasadena, where gun-related incidents receive significant attention from both law enforcement and the community.
Our experienced criminal defense team has successfully defended numerous clients against brandishing charges, securing dismissals, reduced charges, and acquittals. We know how to challenge the prosecution’s evidence, protect your constitutional rights, and present compelling defenses that give you the best chance of a favorable outcome.
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Brandishing a firearm in California is primarily addressed under Penal Code Section 417[1], which makes it illegal to draw or exhibit a deadly weapon in a rude, angry, or threatening manner in the presence of another person, or to use a deadly weapon in a fight or quarrel.
The law recognizes that while you have the right to possess firearms legally, you cannot display them in ways that threaten or intimidate others except in legitimate self-defense situations. Understanding exactly what constitutes illegal brandishing versus lawful conduct is crucial to your defense.
To convict you of brandishing a firearm in Pasadena, prosecutors must prove specific elements beyond a reasonable doubt:
California law provides for different brandishing offenses with varying penalties:
Brandishing charges arise from diverse situations throughout Pasadena:
The penalties for brandishing convictions vary significantly based on the specific charge, circumstances, and your criminal history. Understanding what you face is essential to making informed decisions about your defense.
Basic brandishing of a firearm as a misdemeanor (PC 417(a)(2)) carries:
When charged as a felony, brandishing carries significantly harsher consequences:
Certain circumstances trigger enhanced penalties:
A brandishing conviction carries life-altering collateral consequences:
Understanding the local context helps frame your defense strategy. Pasadena, with a population of approximately 138,000 according to the U.S. Census Bureau[4], is an affluent, diverse city with distinct neighborhoods ranging from historic areas like Old Pasadena to residential communities in the foothills.
California has some of the nation’s strictest gun control laws. The California Department of Justice[5] oversees firearm regulations including background checks, waiting periods, assault weapons bans, and concealed carry permit requirements. Legal gun owners in Pasadena must navigate complex state and local regulations, and violations—even unintentional ones—can result in criminal charges.
While California law allows individuals to carry firearms in their homes and businesses, and allows those with concealed carry permits to carry in public, the circumstances under which you can legally display or use a firearm are narrowly defined. What you believe is lawful self-defense may be viewed by prosecutors as illegal brandishing, making experienced legal representation essential.
At Tu Defensor Criminalista, we thoroughly investigate every aspect of your case to identify the strongest possible defenses. While every case is unique, several defenses commonly apply to brandishing charges:
California law recognizes your right to defend yourself and others from imminent harm. If you reasonably believed that you or another person faced immediate danger of suffering bodily injury, and you reasonably believed that immediate use or display of force was necessary to defend against that danger, and you used no more force than was reasonably necessary, you have a valid self-defense claim.
Self-defense is often the strongest defense to brandishing charges. We investigate thoroughly to establish that you faced a genuine threat, your perception of danger was reasonable under the circumstances, your response was proportionate to the threat, and you had no reasonable means of retreat or avoiding the confrontation (though California does not require retreat in most self-defense situations).
We gather evidence including witness statements, surveillance footage, medical records documenting injuries or threats, expert testimony on threat assessment, and your prior relationship with alleged victims that might explain why you reasonably feared harm.
Prosecutors must prove you displayed the firearm in a rude, angry, or threatening manner. If you displayed the weapon for legitimate purposes without such intent or manner, you should not be convicted.
For example, if you inadvertently exposed your concealed weapon while reaching for your wallet, adjusting your clothing, or engaging in other innocent activities, you lacked the required mental state for brandishing. Similarly, if you calmly showed someone your holstered firearm to answer their question or for educational purposes without any threatening manner, this doesn’t constitute brandishing.
Unfortunately, false accusations of brandishing occur for various reasons including personal vendettas, custody disputes, attempts to gain advantage in civil litigation, misidentification, or exaggeration of innocent conduct.
We investigate the accuser’s credibility, motives to lie, prior false accusations, inconsistencies in statements, and any evidence contradicting their version of events. Character evidence showing your peaceful nature and the accuser’s history of dishonesty can be powerful in establishing false accusations.
The prosecution bears the burden of proving every element beyond a reasonable doubt. We scrutinize the evidence for weaknesses including lack of credible witnesses, poor quality surveillance footage, absence of physical evidence, contradictory witness statements, and violations of proper police procedures.
If the prosecution cannot meet their burden on even one element, you must be acquitted.
Your constitutional rights protect you throughout the investigation and prosecution. If law enforcement violated your rights, we file motions to suppress evidence and potentially dismiss charges.
Common violations include illegal searches of your person, vehicle, or home without proper warrants or probable cause, failure to read Miranda rights before custodial interrogation, coerced confessions through improper interrogation techniques, illegal stops or detentions without reasonable suspicion, and denial of your right to counsel.
If you had an honest and reasonable but mistaken belief about facts that, if true, would make your conduct lawful, you may have a mistake of fact defense. For example, if you reasonably but mistakenly believed someone was reaching for a weapon when they were not, this could negate the criminal intent required for conviction.
California law provides greater latitude for displaying firearms in your own home or place of business. If the incident occurred on your property and you were lawfully possessing the firearm, this can form the basis for defense, particularly when combined with self-defense or defense of property claims.
In some cases, witnesses claim you displayed a firearm when in fact you had no weapon. Perhaps you made a gesture that was misinterpreted, had an object that resembled a firearm, or the witness simply fabricated the allegation. If we can prove no firearm was present, the charges must be dismissed.
Understanding what to expect reduces anxiety and helps you make informed decisions throughout the legal process:
Brandishing cases typically begin with a 911 call reporting that someone displayed a weapon. The Pasadena Police Department responds, investigates the allegations, interviews witnesses and the accused, collects physical evidence, and reviews any available surveillance footage.
If officers have probable cause to believe brandishing occurred, they arrest you. You’ll be transported to the Pasadena Police Department for booking, which includes photographing, fingerprinting, recording your personal information, and searching for outstanding warrants.
Officers may question you about the incident. This is where many people make critical mistakes by trying to explain themselves or talk their way out of arrest. Exercise your right to remain silent. Politely decline to answer questions and request an attorney immediately. Anything you say will be used against you, and statements made during the stress of arrest are often misunderstood or taken out of context.
After booking, you’ll be held pending arraignment unless you post bail. For brandishing charges, bail amounts vary based on the specific charge, your criminal history, and whether the case is charged as a misdemeanor or felony.
We can assist with bail hearings to argue for reduced bail or release on your own recognizance by presenting evidence of your community ties, stable employment, lack of flight risk, and minimal criminal history.
Your first court appearance is the arraignment, held at the Pasadena Courthouse in the Criminal Courts Building. At arraignment, the judge informs you of the charges against you, advises you of your constitutional rights, asks you to enter a plea, and sets bail conditions.
Most defendants enter a “not guilty” plea at arraignment, preserving all options for the future. Even if you ultimately decide to accept responsibility, pleading not guilty initially allows time to investigate the case, explore defenses, and negotiate with prosecutors.
Having an attorney at arraignment provides significant advantages. We can begin negotiating with prosecutors immediately, ensure proper bail conditions, spot potential defenses early, and start building your defense strategy.
After arraignment, your case enters pretrial proceedings lasting several weeks to several months. During this phase:
If you’re charged with felony brandishing, you’re entitled to a preliminary hearing where a judge determines whether sufficient evidence exists to proceed to trial. This hearing provides an opportunity to challenge the prosecution’s evidence, cross-examine witnesses under oath, lock witnesses into testimony that may help your defense later, and sometimes convince prosecutors to reduce or dismiss charges based on weaknesses revealed.
If no acceptable plea agreement is reached, we proceed to trial. For misdemeanors, you can choose between a bench trial (judge decides) or jury trial. For felonies, jury trials are typical.
At trial, the prosecution must prove every element beyond a reasonable doubt. We present your defense by cross-examining prosecution witnesses to expose inconsistencies and weaknesses, presenting defense witnesses supporting your version of events, introducing physical evidence and surveillance footage, potentially calling expert witnesses on self-defense, use of force, or forensics, and presenting compelling opening and closing arguments that create reasonable doubt.
If convicted through plea or trial, the judge imposes sentence. We advocate for the most lenient sentence possible by presenting mitigating factors including your lack of criminal history, positive community contributions, employment and family responsibilities, circumstances explaining your conduct, acceptance of responsibility and remorse, and evidence of rehabilitation efforts.
We argue for alternatives to incarceration when possible, including suspended sentences, probation rather than jail, work furlough programs, house arrest or electronic monitoring, and community service.
Brandishing charges affect different groups uniquely:
If you’re a legal gun owner who obtained firearms lawfully, passed background checks, and complied with all regulations, a brandishing charge threatens everything you’ve done to exercise your Second Amendment rights responsibly. We understand how important firearm rights are to law-abiding gun owners and fight to protect those rights by pursuing dismissals or reductions that avoid firearm prohibitions, arguing for alternative interpretations of ambiguous circumstances, and emphasizing your history of lawful firearm ownership and responsible conduct.
If you hold a California concealed carry permit (CCW), you’ve undergone extensive background checks, training, and scrutiny. A brandishing conviction not only results in criminal penalties but also revokes your CCW permit. We work to protect your permit by demonstrating that your actions were consistent with your training, justified under self-defense principles, and did not violate the terms of your permit.
If you have no prior criminal record, you may qualify for more lenient treatment, including diversion programs where available, reduced charges, alternative sentencing avoiding jail time, and probation with minimal conditions. We emphasize your clean record and positive contributions to the community when negotiating with prosecutors.
For non-citizens, brandishing convictions carry potentially devastating immigration consequences. Firearm offenses can constitute aggravated felonies or crimes involving moral turpitude under immigration law, leading to mandatory deportation, inadmissibility, denial of naturalization, and separation from family members.
We work closely with immigration attorneys to ensure any resolution protects your immigration status. Sometimes this means going to trial even when a plea agreement seems attractive, if the conviction would trigger immigration consequences.
If you hold professional licenses in healthcare, education, law, real estate, contracting, or other regulated fields, a brandishing conviction can jeopardize your livelihood. Licensing boards may suspend, revoke, or deny licenses based on criminal convictions.
We coordinate with licensing attorneys when necessary and pursue resolutions that minimize impact on professional licenses through dismissals, reductions to non-reportable offenses, or arguments to licensing boards about mitigating circumstances.
When brandishing occurs during domestic disputes, you face additional consequences including mandatory protective orders prohibiting contact with family members, immediate seizure of all firearms, enhanced penalties under domestic violence statutes, and potential loss of child custody or visitation rights.
These cases require particularly sensitive handling to address both criminal and family law implications.
Pasadena presents unique considerations for brandishing defense:
We have extensive experience at the Pasadena Courthouse and understand the local judges’ approaches to weapons cases, how Pasadena prosecutors evaluate brandishing charges, local court procedures and expectations, and relationships with court personnel that facilitate case resolution.
This local knowledge provides significant advantages in negotiating favorable outcomes and presenting effective defenses.
Pasadena includes diverse neighborhoods with different characteristics—from the urban density of Old Pasadena to residential areas in Altadena, Linda Vista, and the foothills. Understanding these community contexts helps us present your case effectively, whether the incident occurred in a busy commercial district, residential neighborhood, or along major thoroughfares like Colorado Boulevard or the 210 Freeway.
We have professional relationships with Los Angeles County prosecutors assigned to Pasadena cases. These relationships, built on mutual respect and consistent professionalism, facilitate productive negotiations and sometimes lead to favorable resolutions that might not otherwise be available.
Understanding how the Pasadena Police Department investigates brandishing cases, their training on use of force and self-defense, common procedures and practices, and typical evidence collection methods helps us identify weaknesses in the prosecution’s case and challenge improper procedures.
Time is critical in brandishing cases. Evidence disappears, memories fade, and opportunities for favorable resolutions can slip away. Here’s why you should contact Tu Defensor Criminalista immediately:
Surveillance footage from businesses, residences, and traffic cameras is often deleted within 30-90 days. Witness memories fade quickly. Physical evidence may be lost or destroyed. The sooner we begin investigating, the better we can preserve critical evidence supporting your defense.
Law enforcement may continue investigating or may contact you for follow-up questioning. Having an attorney protects you from making statements that could hurt your case and ensures your constitutional rights are respected throughout the process.
Sometimes early intervention by an attorney can prevent additional charges from being filed or convince prosecutors to pursue less serious charges based on evidence we present early in the investigation.
In some cases, we can negotiate favorable resolutions before formal charges are filed, or shortly after arraignment when prosecutors are more receptive to alternatives. These opportunities may disappear as the case progresses.
Facing serious criminal charges is extremely stressful. Having an experienced attorney on your side provides peace of mind and ensures you understand what’s happening, what to expect next, and what we’re doing to protect you.
If you’re arrested for brandishing a firearm in Pasadena, take these steps to protect yourself:
Politely decline to answer any questions. Say, “I’m invoking my right to remain silent and would like to speak with an attorney.” Then stop talking. Do not try to explain yourself or provide your version of events without an attorney present.
Clearly state that you want an attorney. Once you invoke this right, law enforcement must stop questioning you.
Unless officers have a warrant, politely decline to consent to searches of your person, vehicle, or home. Say, “I do not consent to any searches.”
Do not resist arrest, argue with officers, or become confrontational. Comply with lawful orders while exercising your rights. Physical resistance or aggressive behavior only makes your situation worse and can result in additional charges.
As soon as possible, write down everything you remember about the incident, including what happened before the alleged brandishing, exactly what you did and why, what threats or actions by others prompted your response, who witnessed the incident, and any evidence supporting your version of events.
Do not share these notes with anyone except your attorney—they are protected by attorney-client privilege only when given to counsel.
The sooner you contact us, the better we can protect your rights and build your defense. We’re available to take your call and begin working on your case immediately.
Don’t discuss your case with anyone except your attorney—not friends, family members, cellmates, or anyone else. Don’t post about it on social media. These communications are not privileged and can be used against you.
Successfully defending brandishing charges requires deep understanding of California’s complex firearm laws:
California requires background checks for all firearm purchases, 10-day waiting periods, registration of firearms, safe storage when children might access weapons, and compliance with assault weapons bans and restrictions on high-capacity magazines.
California is a “may issue” state for concealed carry permits, meaning you must demonstrate good cause to obtain a CCW permit. Even with a valid CCW, restrictions apply on where you can carry and how you can display your firearm.
California generally prohibits open carry of firearms in public places, with limited exceptions. Understanding these restrictions is crucial to evaluating brandishing defenses.
California law provides certain protections for use of force in your home (Castle Doctrine) and does not require you to retreat before using force in self-defense (Stand Your Ground principles). However, these protections have limits and don’t automatically justify all displays of firearms.
When facing brandishing charges in Pasadena, choosing the right attorney can mean the difference between conviction and dismissal, jail time and freedom, losing your rights and protecting them. Here’s what sets us apart:
We have successfully defended numerous clients against brandishing and other weapons charges, achieving dismissals, acquittals, reduced charges, and favorable plea agreements. We understand the nuances of California gun laws and how to present compelling defenses.
We don’t just review the prosecution’s evidence—we conduct our own comprehensive investigation to uncover evidence supporting your defense, identify witnesses, obtain surveillance footage, consult with experts, and challenge the prosecution’s version of events.
We fight tirelessly for your rights, challenging weak evidence, filing aggressive pretrial motions, negotiating forcefully with prosecutors, and presenting compelling arguments at trial when necessary.
Every case is unique. We craft defense strategies tailored to your specific circumstances, considering the facts of your case, your background and goals, potential consequences to your employment, immigration status, or professional licenses, and the strongest available defenses.
We keep you informed throughout the process with regular updates on your case, clear explanations of legal concepts, prompt responses to your questions, and honest assessments of your options and likely outcomes.
We have a track record of successful outcomes in brandishing cases, including complete dismissals of charges, reductions from felony to misdemeanor, alternative sentencing avoiding jail time, protection of firearm rights, and acquittals at trial.
Possibly. If you reasonably believed you or another person faced imminent danger and displaying your firearm was necessary to defend against that danger, you may have a valid self-defense claim. However, self-defense claims require careful evaluation of all circumstances.
Brandishing can occur even without removing the firearm from its holster. Simply revealing the weapon in a rude, angry, or threatening manner can be sufficient for charges.
This supports a self-defense claim but doesn’t automatically justify brandishing. The reasonableness of your response depends on all circumstances, including the nature of the threat, your ability to retreat, and whether displaying the weapon was proportionate to the threat faced.
Yes. Depending on the evidence, circumstances, and your criminal history, we may be able to negotiate dismissal, reduction to lesser charges, or resolutions that avoid the most serious consequences.
A CCW permit doesn’t give you unlimited right to display your firearm. Brandishing laws still apply, though your permit and training may support arguments that your conduct was reasonable under the circumstances.
That depends on your profession. Some employers are more concerned about weapons convictions than others. Positions involving security clearances, working with vulnerable populations, or carrying weapons for work are particularly sensitive to these convictions.
Non-citizens facing brandishing charges should consult with both a criminal defense attorney and an immigration attorney immediately. These convictions can trigger serious immigration consequences including deportation.
If you’ve been served with a Brandishing a Firearms in Pasadena, time is running out. Don’t face this crisis alone. Contact Tu Defensor Criminalista immediately for a free, confidential consultation about your case.
Remember:
We proudly serve clients throughout Pasadena and surrounding Los Angeles County communities including:
We handle cases at Pasadena Superior Courthouse and throughout Los Angeles County’s court system.
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.
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