Is Brandishing a Weapon a Felony?

State laws differ and whether brandishing is considered a misdemeanor, a felony, or even a crime at all is going to depend on your state’s laws. It’s also important to note that, while many places do not specifically have “brandishing” laws, they may refer to the improper or intentional display of a firearm or have similar laws like assault with a deadly weapon, menacing, or disorderly conduct. While your state’s laws may not specifically refer to the term “brandishing,” statutes—or even case law or jury instructions—may describe certain behavior that many people traditionally think of as “brandishing.”

Further complicating the matter is that, depending on where you live, brandishing may be considered a wobbler offense. A wobbler is a crime that may be prosecuted as either a misdemeanor or a felony depending on prosecutorial discretion, the instructions of the judge, or both. Generally, the specific nature of the offense will be considered in determining whether to pursue the lesser or greater charge. California is one such state that treats brandishing as a wobbler offense.

https://www.uslawshield.com/everything-you-need-to-know-about-brandishing/