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The Connection Between Brandishing, ADW & Criminal Threats
Although these are three completely separate crimes, they are often very closely related. This is because any one of these offenses is typically (though not necessarily) carried out simultaneously with the others.
1. What is the connection between the three offenses?
All of these offenses involve similar allegations.
Brandishing a weapon involves exhibiting a weapon in a threatening manner. Assault with a deadly weapon involves an unlawful intent to commit a violent injury upon another person using a deadly weapon. And criminal threats involve a threat of immediate harm that places the recipient in fear.
2. What is an example?
Suppose that Rich points a loaded gun at Mary and threatens to shoot her if she doesn’t comply with his demands. This type of generic situation takes place all the time.
Given these facts, Rich is guilty of Penal Code 417 PC, California’s brandishing a weapon law, California Penal Code 245 PC assault with a deadly weapon, and California Penal Code 422 criminal threats. And depending on Rich’s actual demands, he is likely guilty of additional offenses as well.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.