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SERIES 900 ASSAULTIVE AND BATTERY CRIMES

F 983 Brandishing Firearm Or Deadly Weapon: Misdemeanor (PC 417(a)(1) & (2))

TABLE OF CONTENTS
F 983.1 Titles And Identification Of Parties
F 983.1 Inst 1 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Title
F 983.1 Inst 2 Identification Of Prosecution And Defendant

F 983.2 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Tailoring To Facts: Persons, Places, Things And Theories
F 983.2 Inst 1 Separate Enumeration Of Elements; Tailoring To Facts

F 983.3 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Language That Is Argumentative, Confusing, Etc.
F 983.3 Inst 1 Specification Of Cross-Referenced Instruction
F 983.3 Inst 2 Deletion Of Argumentative Language

F 983.4 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Burden Of Proof Issues
F 983.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

F 983.5 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Elements And Definitions
F 983.5 Inst 1 Brandishing Firearm: Definition of “Rude” (PC 417)

F 983.6 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Defense Theories
F 983.6 Inst 1 Clarification Of Self-Defense
F 983.6 Inst 2 Brandishing: Weapon Drawn In Jest (PC 417)

F 983.7 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Preliminary Fact Issues [Reserved]

F 983.8 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Unanimity/ Duplicity/ Multiplicity [Reserved]

F 983.9 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Lesser Offense Issues [Reserved]

F 983 NOTES
F 983 Note 1 Brandishing Firearm In Self-Defense – Immediate Threat To Use Force
F 983 Note 2 Self-Defense Generally
F 983 Note 3 Self-Defense Available When Defendant Threatens To Use Force

Return to Series 900 Table of Contents.


F 983.1 Titles And Identification Of Parties

F 983.1 Inst 1 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Title

See generally FORECITE F 200.1.2 Note 2, CALCRIM Motion Bank # CCM-002, CCM-003, and CCM-004.


F 983.1 Inst 2 Identification Of Prosecution And Defendant

See generally FORECITE F 100.2 Note 1and CALCRIM Motion Bank # CCM-005 and CALCRIM Motion Bank # CCM-006.


F 983.2 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Tailoring To Facts: Persons, Places, Things And Theories

F 983.2 Inst 1 Separate Enumeration Of Elements; Tailoring To Facts

*Modify CC 983, Element 1, as follows [added language is underlined; deleted language is stricken]:

1. The defendant drew or exhibited a (firearm/deadly weapon);

2. (He/she) did so in the immediate presence of someone else ______________ <name of alleged victim>;

[AND]

[Renumber remaining Elements]

Points and Authorities

Separate Enumeration—See FORECITE F 3500.2 Inst 1.

Tailoring To Facts—See FORECITE F 400.2 Inst 1.


F 983.3 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Language That Is Argumentative, Confusing, Etc.

F 983.3 Inst 1 Specification Of Cross-Referenced Instruction

*Modify CC 983, paragraph 5, as follows [added language is underlined; deleted language is stricken]:

[The term[s] (firearm[,]/ deadly weapon[,]/ [and] great bodily injury) (is/are) defined in another Instructions to which you should refer must apply to this instruction.]

Points and Authorities

See FORECITE F 524.3 Inst 2.


F 983.3 Inst 2 Deletion Of Argumentative Language

*Modify CC 983, paragraph 6, as follows [deleted language is stricken]:

[It is not required that the firearm be loaded.]

Points and Authorities

See FORECITE F 416.3 Inst 4.


F 983.4 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Burden Of Proof Issues

F 983.4 Inst 1 Relating Prosecution Burden To Enumerated Elements

See FORECITE F 400.4 Inst 1.


F 983.5 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Elements And Definitions

F 983.5 Inst 1 Brandishing Firearm: Definition of “Rude” (PC 417)

*Add to CC 983:

For purposes of this instruction, the term “rude” means rough, incivil, and violent.

Points and Authorities

See FORECITE F 981.5 Inst 1.


F 983.6 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Defense Theories

F 983.6 Inst 1 Clarification Of Self-Defense

*Modify CC 983, Element 3, as follows [added language is underlined; deleted language is stricken]:

5. The defendant did not act draw or exhibit the firearm [either] (in self-defense/ [or] in defense of someone else) [,or both].]

Points and Authorities

See FORECITE F 981.6 Inst 1.


F 983.6 Inst 2 Brandishing: Weapon Drawn In Jest(PC 417)

See FORECITE F 982.6 Inst 2.


F 983.7 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Preliminary Fact Issues [Reserved]


F 983.8 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Unanimity/ Duplicity/ Multiplicity [Reserved]


F 983.9 Brandishing Firearm Or Deadly Weapon: Misdemeanor—Lesser Offense Issues [Reserved]

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