Pulled Over for “Brandishing a Weapon”? One Mistake Shouldn’t Wreck Your Life
Estimated Read Time: 3 Minutes
Reviewed by Attorney Nate Gjesdal
Dec 9, 2025
One late afternoon near Riverside, a driver was on his way home from work, stuck in stop-and-go traffic. A frustrated driver behind him kept honking, swerving, and shouting through the window. Our client, tired and overwhelmed, lifted a pocketknife from his center console and placed it on his dashboard not to threaten anyone, but to remind himself to tighten its loose hinge later.
The car behind him hit the brakes. The driver reached for his phone. Minutes later, our client was pulled over, surrounded by flashing lights, and accused of misdemeanor brandishing a deadly weapon.
By the time he called us, he was shaking.
How a Simple Gesture Turned Into a Criminal Charge
In California, you don’t have to wave a weapon, attack someone, or even speak a threat to be charged with brandishing a deadly weapon under Penal Code § 417.
All it takes is:
A weapon in view
And someone saying they felt intimidated
That’s it. No injury, no intent, no violence.
A misunderstanding can suddenly become a criminal accusation.
What NOT GUILTY LAW Did Next
Attorney Nate Gjesdal got to work, focusing on what the law actually requires: intent.
He highlighted:
No threatening movement
No communication or verbal threat
No complaint until after the second driver checked her phone
A perfectly legal folding knife, kept closed on the dashboard
Once the DA reviewed the evidence through the right and guided lens, the result was clear with no charges filed. Our client walked away with relief instead of a criminal record.
Why These Cases Need Immediate attention
Brandishing sounds dramatic like waving a weapon around. But most cases we see in Riverside and Orange County involve misunderstandings, overreactions, or assumptions made during tense situations.
Yet the consequences are real:
Criminal conviction
Loss of rights to possess firearms
Probation or jail
Immigration consequences
Damage to reputation and employment
People often don’t realize how fast a small moment can turn into a criminal case.
If You’re Accused of Brandishing a Weapon, contact us right away
These cases are defensible. There are always details, context, and facts that matter. There are misunderstandings that shouldn’t define someone’s future. But the defense needs to start early, before the DA cements the story in one direction.
Not Guilty Law represents clients facing misdemeanor weapon charges across Riverside, Orange County, and Southern California. If you or someone you know has been accused of brandishing, reach out before you speak to law enforcement or appear in court.
Call or text Not Guilty Law at (714) 944-5536
You deserve a defense that sees the whole story and not just the accusation.
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