A person, who except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon , in a rude, angry, or threatening manner, or who uses a deadly weapon in any fight or quarrel may be charged with Brandishing a Weapon for Firearm. There is no requirement that the victim saw the weapon or you fired the gun or even pointed the weapon at the alleged victim. A person who draws or exhibits a deadly weapon at a police officer or to a person in a motor vehicle or causes serious bodily injury may be charged with a felony. An examples of potential charges for Brandishing a Weapon for Firearm is drawing a loaded gun and threatening to shoot another person, in which case a charge of Assault with a Deadly Weapon could also be added.
What does the prosecutor have to prove?
1. Defendant, in the presence of another person, drew or exhibited a loaded firearm upon or within the grounds of a day care center or a facility where programs, including day care programs or recreational programs, were being conducted for persons under 18 years of age, including programs conducted by a nonprofit organization, during the hours in which the center or facility was open for use.
2. Defendant was not acting in lawful self-defense.
3. Defendant did so in a rude, angry, or threatening manner. or
1. Defendant used a loaded firearm in a fight or quarrel upon or within the grounds of a day care center or a facility where programs, including day care programs or recreational programs, were being conducted for persons under 18 years of age, including programs conducted by a nonprofit organization, during the hours in which the center or facility was open for use. or
1. Defendant drew or exhibited a firearm, whether loaded or unloaded, in the presence of a person who was an occupant of a motor vehicle proceeding on a public street or highway. or
1. Defendant drew or exhibited a firearm, whether loaded or unloaded, or a deadly weapon in the presence of a peace officer.
2. Defendant was not acting in lawful self-defense. or
3. In doing so, Defendant intentionally inflicted serious bodily injury on Victim.
With probation 0-364 days
Misdemeanor: 0-364 days
Patrick got my entire case dismissed! I was almost sure we would lose but I am glad that I listened when he told me that the case was winnable. He always called me back the same day, answered my emails in a quick and timely fashion, and kept me in the loop with everything pertaining to my case. He also was helpful in the fact that he gave me pointers on how to handle MY particular case: what to do, what to say, and how to act. Thanks Patrick!!
My husband was referred to Patrick. We are SO thankful we found him! My husband had a case against him where he potentially could have paid big fines or penalties, but Patrick basically got the entire cased dismissed. Everyone else involved in the case had to plead guilty! He worked aggressively, always communicated with us about what was going on and what was going to happen, is very pleasant to deal with and made my husband feel valued despite the situation. If you are looking for a good Lawyer, Patrick is awesome!
A few months ago I was asked by a friend for the name of a lawyer who handles DUI’s in San Diego. As a fellow attorney in San Diego I have many lawyer names in my rolodex who handle such cases, but I thought Patrick would be the best “fit” for my friend. Patrick met with my referral on multiple occasions, always answered his e-mails and calls on a prompt basis, and ultimately achieved an amazing result on a ca se which was definitely an uphill challenge. Great job Patrick!
by Alex Dychter, Employment Law Attorney
Patrick Griffin is an outstanding criminal defense lawyer, who knows both the legal intricacies and interpersonal dynamics of criminal matters essential to mounting a successful defense. Mr. Griffin is a consummate professional, who acts with civility and integrity while achieving the best outcome for his clients. I recommend Patrick’s services unequivocally.
by Kevin Murphy, Administrative Law Attorney
Patrick was great! I hired Mr. Griffin after a friend referred me to him. I met with a few older attorneys who all treated me like another file before I decided to hire Patrick. He was great from the start… he knows his stuff and is a great communicator, both with me and when he is in court. His energy is obvious from the first few minutes of meeting with him. I was kept informed every step of the way and when it was all said and done I couldn’t have been happier with the result. I have already referred two other people to the Griffin Law Office and they both have thanked me.