Brandishing a Weapon

Los Angeles Brandishing a Weapon Defense Attorneys


There are a number of angles that I have employed over the course of the past 25 years in defending a case like this. Many times the reason the person brandishes a weapon is because he or she is in genuine fear for their life. There are defenses in criminal defense that can be employed under the right circumstances. If sufficiently threatened, under certain situations, it is justified if a person uses a weapon to defend themselves. Because each case spins on its own set of facts, it is important to sit down and go over the story about what happened step by step and come up with a realistic game plan to defend the case. Savvy defense attorneys that have been down the road you are about to travel will know what to do in defending your because they have the experience to make the moves that will put you in the best possible position. Meeting with a seasoned criminal defense attorney that is local to the court your case is pending should be your first move in defending yourself.

Another strategy in defending these cases is to come up with an alternate charge that does not have the same stigma that a brandishing charge does and get a dismissal that way. Also, there are diversion programs and other alternative sentences available for those who qualify and deserve to be given a chance to protect their record and future. In resolving these cases we utilize a multi-pronged approach that looks at your full history and life circumstances and is aimed at convincing the prosecutor and judge that you are a good person who is worthy of a chance to protect their good name and reputation. I invite a face to face meeting to discuss your options and a goal of putting you in the best possible position to achieve a favorable result in your criminal case. Once your your map of how your case is going to be dealt with in a professional common sense way, you can then begin the process of taking control of your life back!


Brandishing a weapon occurs when someone displays, bears, or exhibits a deadly weapon in a rude or offensive manner, or unlawfully in a fight or a brawl. Courts define a deadly weapon as any instrument or weapon that is capable of causing serious or grave bodily injury. This would include items such as kitchen knives, blunt weapons, pillows, trained dogs, firearms, among other objects. Charges for Brandishing a Weapon can arise in many situations, and depending on those situations the defense one takes may differ. A party can defend themselves if the facts indicate the weapon was brandished in self defense, there was no rude/angry/offensive gesture invoked when the weapon was displayed, there is evidence of false allegations or they were subject to a wrongful arrest. Brandishing a Weapon is a crime that requires no intent to actually harm another, its the action of making the gesture unlawfully that is the subject of the prosecution. Thus, defenses must attack the reasoning behind the gesture, whether that was made lawfully in self defense, or if the gesture itself wasn’t rude or angry.


One of the best arguments that you or your attorney can make in a brandishing a weapon case is that the harm the prosecutors are trying to protect society from, when it comes to these type of cases has to do with those people who will resort to the use of a weapon when they become angry for some reason, and this is not within your character. If we can show the prosecutors and the judge that you do not fall under this category, then we are well on our way to resolving your case in a favorable manner. Each case has its own unique story and I consider it my job to tell my client’s story and to give the prosecutors the other side of the coin as it relates to my client and the fact surrounding his or her case.

Obviously we all understand that gun violence in our society is a huge problem and there has been many recent senseless killings that have caused the legislature, police, prosecutors and judges to take notice and to make sure that they do what they can to stop the blood shed. This usually means long prison sentences and coming down like a ton of bricks on any offender who uses a gun to commit a crime. Therefore it is crucial to show the prosecutor the special circumstances attendant with your brandishing case and to explain to them that your actions were an aberration that will not repeat itself.

Another potential angle to take in a brandishing a weapon case is to say that the defendant acted in self defense and if he or she did not act, then serious harm may have came to them or a family member of their family. This is why the circumstances surrounding the case are so important and the initial meeting with the attorney to lay everything out that happened is crucial to make sure that your side of the story is represented. The first thing that I do when I meet with the client is to figure out exactly what happened in the case, see if we have a defense and to begin the process of figuring out exactly what can be down to turn the tide and put you in the best possible position. We get character letters from people who know you and can speak to your credibility and if necessary, we investigate the circumstances of what happened and see if there are any witnesses who can support your version of events. Once we have our plan in place, we do everything we can to either avoid a brandishing a weapon conviction or minimize the punishments that can be meted out by the judge.