Oct. 28, 2026
Actual fear not required for felony brandishing conviction, California Supreme Court rules
The unanimous court held that prosecutors need only show that displaying a gun would cause a reasonable person to fear bodily harm, regardless of whether the victim was actually frightened.
An off-duty police officer watched a black Dodge Charger speed, tailgate and cut off drivers along Oso Parkway in Mission Viejo. After he photographed the car and its license plate, the driver pulled alongside him at a stoplight and pointed a handgun in his direction.
Whether the officer felt afraid does not determine whether the encounter supports a felony brandishing charge, the California Supreme Court ruled Monday. The unanimous court held that Penal Code Section 417.3 asks wh...
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