What Is The Legal Definition Of Brandishing?

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Penalties

Depending on the factual circumstances, brandishing a weapon can be either a misdemeanor offense or a “wobbler” that can be charged as either a felony or a misdemeanor. Brandishing a deadly weapon is a misdemeanor offense that is punishable by a minimum of 30 days and a maximum of six months in jail.

Can you brandish a gun in self defense?

You can be charged with brandishing a firearm even if it isn’t loaded, and even if it isn’t pointed at anyone. Tight gun laws don’t allow for any leeway, so getting in contact with an experienced attorney is necessary.

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What happens if you point a gun at someone?

It is a crime to threaten someone with physical harm if you seem to have the means and intent to cause the threatened harm. … Pointing a gun at a person is likely to threaten a person’s sense of safety and can certainly give the impression of intent to harm, so you could be charged with assault for it.

What states is it legal to brandish a firearm?

In most states, “brandishing” is not a legally defined term. In fact, only five states (Louisiana, Michigan, Mississippi, Virginia and West Virginia) currently have laws on the books that directly reference brandishing.

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