What type of jail time will a person get for threatening someone with a gun?

Asked almost 5 years ago - Fairfield, CA

My cousin's husband pulled a gun on her, and the next day was arrested with the gun in his possession. He is out on bail now. He has a prior a few years ago--pulling a knife on her, but no charges were pressed. It's on his record. What could happen to him in court now?

Attorney answers (1)

  1. Joseph Briscoe Dane


    Contributor Level 20

    Answered . The conduct you describe could be charged by the DA in several ways. If there was a verbal threat, they could file Penal Code section 422 - criminal threats. That carries up to 3 years in prison and is a strike. They can add on enhancements for the use of the firearm during the commission of that offense, adding time.

    If they can prove the gun was loaded, they may file assault with a firearm - 245(a)(2) - another strike, carrying up to 4 years in prison.

    Or it could be a misdemeanor brandishing - Penal Code section 417 - 3 month minimum, 1 year county jail maximum.

    He could also face additional charges for the possession of the firearm on the different day.

    The details matter. It could be a huge range of charges. What happens depends on the charges, the judge, the DA and to some extent, his attorney.

Avvo instant logo@2x

Need an answer to your questions within 15 minutes?

  • 30-minute phone call
  • Ask any questions
  • $99 flat fee
  • Money-back guarantee
Talk to an attorney now

Can't find what you're looking for?

Ask span5@2x

Ask a question on our public forum.

Ask a lawyer
Instant span6@2x

Have an attorney contact you privately.

Right now.

Icon lock@2x
Secure conversation. Your details remain between you and your attorney.
Icon clock@2x
Get an answer guaranteed. Be assured that a lawyer will contact you to help with your legal issue.
Start your session now