My question involves criminal law for the state of: California
My niece attends an elementary school in Northern California. Recently, a student brought a BB gun to school. This student pointed the BB gun at my niece and asked, "do you have a problem?" My niece responded,"no," to which the other student says, "that's what I thought."
My niece feared for her life because she did not know if the gun was real or not. My question: is the charge of brandishing (417 PC) appropriate? This incident happened on school grounds. I was under the impression this incident amounts to assault. The school did not expel the student because the student was only charged with brandishing. My family and I are livid. Should we be?
My niece attends an elementary school in Northern California. Recently, a student brought a BB gun to school. This student pointed the BB gun at my niece and asked, "do you have a problem?" My niece responded,"no," to which the other student says, "that's what I thought."
My niece feared for her life because she did not know if the gun was real or not. My question: is the charge of brandishing (417 PC) appropriate? This incident happened on school grounds. I was under the impression this incident amounts to assault. The school did not expel the student because the student was only charged with brandishing. My family and I are livid. Should we be?
Threats and Intimidation: Assault vs. Brandishing
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