Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 11. OF CRIMES AGAINST THE PUBLIC PEACE
California Codes

Cal. Penal Code § 417.8 (2026)

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

Every person who draws or exhibits any firearm, whether loaded or unloaded, or other deadly weapon, with the intent to resist or prevent the arrest or detention of himself or another by a peace officer shall be imprisoned in the state prison for two, three, or four years.

Notes of Decisions
Cited in 10 cases, 2001–2020 · leading case: People v. RUGAMAS, 2001 Cal. Daily Op. Serv. 9403 (Cal. Ct. App. 2001).
Sort: Relevance Newest Treatment
People v. RUGAMAS, 2001 Cal. Daily Op. Serv. 9403 (Cal. Ct. App. 2001). “Defendant Jose Rugamas pled no contest to brandishing a deadly weapon to avoid arrest, a felony (Pen. Code, § 417.8). 1 Defendant contends the trial court improperly imposed $6,601.”
People v. Koback, 235 Cal. Rptr. 3d 675 (Cal. Ct. App. 5th 2018). · cites it 3× “On those facts, the court found that for purposes of the crime of exhibiting a deadly weapon to prevent arrest ( Pen. Code, § 417.8 ), "[t]he evidence clearly demonstrated that the screwdriver was capable of being used as a deadly weapon and that defendant intended to use it as…”
People v. Koback (Cal. Ct. App. 2018). · cites it 3× “On those facts, the court found that for purposes of the crime of exhibiting a deadly weapon to prevent arrest (Pen. Code, § 417.8), “[t]he evidence clearly demonstrated that the screwdriver was capable of being used as a deadly weapon and that defendant intended to use it as…”
People v. Koback (Cal. Ct. App. 2018). · cites it 3× “On those facts, the court found that for purposes of the crime of exhibiting a deadly weapon to prevent arrest (Pen. Code, § 417.8), “[t]he evidence clearly demonstrated that the screwdriver was capable of being used as a deadly weapon and that defendant intended to use it as…”
Plymale v. Dyer, 837 F. Supp. 2d 1077 (E.D. Cal. 2011). “Celdon with violation of California Penal Code section 417.8 based on Mr.”
Pottorff v. City of Fresno (E.D. Cal. 2020). · cites it 2× “) As a result of the above incident, plaintiff was later convicted in Fresno 22 County Superior Court of violating California Penal Code §§ 417.8 and 29815(a) for exhibiting a 23 deadly weapon to the police in order to resist arrest or detention and for possessing a firearm 24…”
People v. Wilson CA2/3 (Cal. Ct. App. 2013). · cites it 2× “(a)(1)) and count 2 – exhibiting a deadly weapon (Pen. Code, § 417.8, subd. (a)), with admissions he suffered a prior felony conviction (Pen.”
Larson v. McConnell CA2/2 (Cal. Ct. App. 2016). “Code, § 69) and exhibiting a deadly weapon to a police officer to resist arrest (Pen. Code, § 417.8), as well as the personal use of a deadly or dangerous weapon (Pen.”
P. v. Wong CA6 (Cal. Ct. App. 2013). “(Pen. Code, § 417.8.) During the proceedings, the court declared a doubt as to defendant’s competence to stand trial.”
People v. Gough CA4/1 (Cal. Ct. App. 2014). “In 1996, a jury found Robert Gough guilty of exhibiting a deadly weapon with the intent to resist arrest (Pen. Code, § 417.8, subd. (a)(1); all further statutory references are to this code) and resisting an executive officer by use of force or violence (§ 69).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.