At Lotze Mosley, LLP, our Washington, D.C. criminal defense attorney knows that brandishing a firearm is a serious offense that can have severe legal consequences. However, many people may not fully understand what constitutes brandishing a gun and the potential implications of this action.
Brandishing a firearm is considered a serious criminal charge. The severity of the charge and the potential penalties can vary depending on the circumstances and the jurisdiction, but it generally involves significant legal consequences. Here, we discuss the implications.
What is the Definition of Brandishing a Firearm and How is It Charged as a Crime?
Brandishing a firearm typically means displaying, showing, or waving a gun in a threatening manner or in a way that others could perceive as a threat, and can be charged as a:
- Misdemeanor vs. Felony: Brandishing a firearm can be charged as either a misdemeanor or a felony, depending on the circumstances. Factors influencing the charge include the context of the brandishing, whether the firearm was loaded, and the individual’s intent.
- Misdemeanor Penalties: Penalties for a misdemeanor charge might include fines, probation, community service, and short-term imprisonment, usually less than one year.
- Felony Penalties: Penalties for a felony charge can be more severe, including lengthier prison sentences, often more than one year, more significant fines, and more stringent probation conditions.
The factors impacting the severity of the brandishing a firearm charge include:
- Location: Brandishing a firearm in certain locations, such as schools, public buildings, or public events, can result in enhanced charges and penalties.
- Intent: The perceived intent behind the act, which may include self-defense, intimidation, or reckless behavior, can influence the severity of the charges.
- Victim Impact: If the act of brandishing a firearm causes significant fear, distress, or injury to others, the charges and penalties can be more severe.
- Prior Criminal Record: Individuals with prior criminal records, especially those involving violence or firearms, may face harsher penalties.
Brandishing a firearm is a serious criminal charge with significant legal and personal consequences. If you are facing such a charge, it is crucial to seek legal representation to navigate the case’s complexities and explore possible defenses. We can help.
Contact Our Skilled Criminal Defense Attorneys at Lotze Mosley, LLP
Call (202)-393-0535 to speak with our skilled criminal defense attorneys at Lotze Mosley, LLP in Washington, D.C. We will protect your rights from the start of the investigation, allowing you to make informed decisions about the direction of your case.
