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What are the penalties for brandishing a weapon?

On Behalf of | Feb 17, 2022 | Criminal Defense

Violent offenses are serious crimes. For this reason, activities involving weapons often earn severe punishment.

Even holding a weapon in the presence of others can generate legal trouble. Know what sort of penalty you may receive if this charge comes down on you.

Reasons for getting a misdemeanor

District attorneys have flexibility when charging suspects. They may give someone who brandishes a weapon either a misdemeanor or a felony. Under the right circumstances, you could receive a lesser indictment.

When a deadly weapon is part of a fight, you are more likely to receive a lighter allegation. One month is the mandatory minimum jail sentence for brandishing an object that is not a firearm. In New Jersey, instances where a gun plays a role earn suspects up to 18 months in jail, plus a fine of up to $10,000.

Reasons for getting a felony

Certain circumstances make it more likely that you will receive a felony charge. One situation is if your actions take place at a daycare center. Another is when the incident happens in the presence of a police officer. A conviction under either of these scenarios can result in a prison term of up to three years.

Reasons for expungement

Removing a felony conviction is only possible if you have no pending criminal charges. It is also necessary that you adhere to every term of your probation. Even a minor slip can prevent you from seeking relief.

Even if there is no intention to hurt somebody, holding a weapon can get you into trouble. When possessing deadly items, be mindful that others do not perceive a desire to commit harm.