Section 417 - Unlawful exhibition of deadly weapon or firearm

1 Analyses of this statute by attorneys

  1. Robbins Geller Obtains a $23.5 Million Recovery for Constar Shareholders

    Robbins Geller Rudman & Dowd LLPJanuary 1, 2013

    Going into its 20th year, the pro bono program now has over 150 attorneys from across California on its list of volunteers.In 2010, Christopher M. Wood, an associate in Robbins Geller’s San Francisco office, assisted by Svetcov, volunteered to provide amicus briefing in an action involving novel questions regarding the intersection of California criminal law and federal immigration law.The case, Gonzalez-Leyton v. Holder, 07-74946 (9th Cir.), was an appeal from a Board of Immigration Appeals decision to deport the petitioner for committing a crime of violence as defined by 18 U.S.C. § 16. The petitioner pled no contest to a violation of California Penal Code section 417(a)(1), which states that “[e]very person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor.” However, consistent with a practice in California, the prosecutor had substituted the word “and” for the word “or” when describing the statutory violation in the charging document.