Offense Instruction 35.8 Brandishing

• Category: Federal - Jury Instructions - 11th Circuit - Criminal
• State: Multi-State
• Control #: US-JURY-11THCIR-O35-8-CR
• Format: Word

Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions Offense Instruction 35.8 Brandishing is a criminal offense in the state of California that involves the intentional displaying of a deadly weapon threateningly. This offense is classified as a “wobbler” in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case. There are two types of Offense Instruction 35.8 Brandishing: 1. Simple Brandishing: Simple brandishing is defined as the drawing or exhibiting of any deadly weapon in a rude, angry, or threatening manner. It is considered a misdemeanor offense and is punishable by up to one year in county jail and/or a fine of up to $1,000. 2. Aggravated Brandishing: Aggravated brandishing is defined as the drawing or exhibiting of any deadly weapon in a manner that is likely to cause fear or terror in another person. It is considered a felony offense and is punishable by up to three years in state prison and/or a fine of up to $10,000.

Offense Instruction 35.8 Brandishing is a criminal offense in the state of California that involves the intentional displaying of a deadly weapon threateningly. This offense is classified as a “wobbler” in California, meaning it can be charged as either a misdemeanor or a felony depending on the circumstances of the case. There are two types of Offense Instruction 35.8 Brandishing: 1. Simple Brandishing: Simple brandishing is defined as the drawing or exhibiting of any deadly weapon in a rude, angry, or threatening manner. It is considered a misdemeanor offense and is punishable by up to one year in county jail and/or a fine of up to $1,000. 2. Aggravated Brandishing: Aggravated brandishing is defined as the drawing or exhibiting of any deadly weapon in a manner that is likely to cause fear or terror in another person. It is considered a felony offense and is punishable by up to three years in state prison and/or a fine of up to $10,000.