Michigan Gun Charge – Brandishing
There are a wide range of gun-related criminal charges in the state of Michigan. While many gun crimes are felonies, there are misdemeanor gun crimes too. One type of misdemeanor gun crime is brandishing a firearm. You can be charged with brandishing a firearm if you point, wave, or display a firearm in a threatening manner, while in a public space, and with the intent to induce fear in another person. This means that your intent or mindset at the time of displaying the gun is as important as the act itself.
There are two exceptions for when the law against brandishing does not apply:
- to police officers lawfully performing their duties, and
- when a person is acting in lawful self-defense or in defense of another.
If you are charged with brandishing a firearm but believe you have a lawful self-defense or defense of others claim, it’s important that you have an attorney who knows how to present that defense in court.
If convicted of brandishing a firearm, the maximum possible penalty is 90 days in jail and a $100 fine. Even if you are a registered Concealed Pistol License holder, you can still be charged with brandishing a firearm, and if you’re convicted it could have lasting impacts on your gun rights and CPL holder status. If you or a family member are facing a brandishing charge, you need an experienced defense attorney who understands the interplay between gun rights and criminal law.
ACCUSED OF A GUN CRIME? CONTACT A HILLS LAW ATTORNEY TODAY
If you or someone you know is in trouble for brandishing a firearm, contact Hills law Office today.