Is it Brandishing a Weapon if Defendant 15 Feet Away?

Depending upon the manner in which defendant exhibits a weapon toward the victim, and defendant’s demeanor, defendant can commit brandishing a weapon even if fifteen feet away from a victim. In the following case, this issue is discussed, as well as a discussion of whether brandishing a weapon is a lesser-included offense of assault with a deadly weapon. To read a short summary of the reported decision from the Fourth Appellate District, please click on the following link –

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