California treats PC 20410 as either a misdemeanor or a felony. This means that PC 20410 is considered a wobbler charge. The Simmrin Law Group can provide you with further information about wobblers and how to fight them.
Understanding Belt Buckle Knives
BBKs are a specific kind of bladed weapon. According to Penal Code 16260, BBKs are knives that are made of a part of a belt buckle with a blade that is at least two and a half inches long.
Technically, a BBK must contain an “integral” part of a belt buckle. This can mean the buckle itself, for example. However, a screw or rivet from a belt buckle may not be considered “integral” by the court system. Get further clarification from a lawyer today and give the Simmrin Law Group a call.
PC 20410 Charges in California
PC 16260 defines BBKs for the state of California. PC 20410, on the other hand, details the criminal charges you can face for actions taken with these knives. For instance, under PC 20410, individuals can face criminal charges if they:
- Create a BBK in California
- Import a BBK into the state
- Lend or give a BBK to another person
- Sell a BBK to someone
Additionally, simply possessing a BBK is against the law in California. This is because BBKs are considered a “prohibited” weapon in this state. Only authorized individuals can own, sell, or give away BBKs. Generally, law enforcement officers are allowed to handle these weapons. Private citizens, however, are not usually allowed to have a BBK.
Other Charges Like PC 20410 in the State of California
There are many types of prohibited weapons in California. Individuals who possess a prohibited weapon can face criminal prosecution. Depending on the type of weapon, the state can levy charges involving:
- Air gauge knives
- Cane swords
- Lipstick case knives
- Writing pen knives
- Ballistic knives
The state also prohibits the ownership of certain blunt weapons. Some individuals are allowed to own firearms. However, they must get the proper permits before obtaining firearms. Some automatic weapons are not allowed in our state. The Simmrin Law Group understands weapon restrictions in California and can help if you have questions.
PC 20410 Charges and Their Penalties in California
PC 20410 is a wobbler charge. This means that prosecutors can treat wobblers as either misdemeanors or felonies. Misdemeanors generally result in less severe penalties. However, a misdemeanor conviction can still lead to fines of up to $1,000. Individuals can also face up to one year behind bars.
The court system in California treats felonies more seriously. A felony conviction can result in incarceration for up to three years and fines of up to $10,000.
Note that the court system sometimes offers probation after a PC 20410 conviction. Probation allows individuals to remain out of jail or prison, but they must obey all orders issued by the court. Otherwise, they can be imprisoned for not following the rules while on probation.
Defenses Against Charges Involving BBKs
Many defenses can help you if you have been charged under PC 20410. Our team can step in and help you right away. Get the comprehensive help you want from a criminal defense lawyer in Los Angeles. We can work to argue that:
- You didn’t have a BBK
- You didn’t give away or sell a BBK
- You didn’t bring a BBK into the state
You Were Subject to an Unlawful Search and Seizure
Police can only search your person or property under certain circumstances. Typically, a warrant must be obtained, although sometimes they can do so if they have probable cause. The Fourth Amendment protects individuals against unlawful searches. If a belt buckle knife was discovered through an illegal search, your attorney will move to have the evidence suppressed.
In some cases, they may be able to have your case thrown out altogether.
You Are Exempt From Charges Under Penal Code 20410
If applicable, we can also help you show that you were legally allowed to own a BBK. Some individuals, like law enforcement officers, are exempt from prosecution for PC 20410 charges.
Can a PC 20410 Conviction Be Expunged?
You may be able to get a conviction for a violation of Penal Code 20410 expunged from your record. In order to do this, you must first complete any jail sentence or probation. Once complete, you can petition the court to get the conviction expunged. A criminal defense lawyer can help you with the process and increase your odds of receiving an expungement.
Will a Conviction Affect Your Gun Rights?
If convicted of a misdemeanor violation of California PC 20410, your gun rights should not be affected. However, if you use a belt buckle knife while committing a violent act and are convicted of a violent misdemeanor charge, your firearm rights could be suspended for 10 years or possibly for life.
A conviction of a felony charge under California Penal Code 20410, on the other hand, will always mean a lifetime ban on gun ownership. Convicted felons are not allowed to use or possess firearms in California. The chances of having your gun rights restored after a felony conviction are close to zero.
Speak to a Lawyer About How to Fight Penal Code 20410 Charges Right Now
Don’t wait to get legal help if you were charged under Penal Code 20410 in California. Take steps to get the legal assistance you need by contacting the Simmrin Law Group. We understand how California treats belt buckle knife charges, and we’ll put our experience to work for you today.
Contact us for a free consultation. You can call us or complete our online contact form. We will review your case, answer your questions, and advise you on how to proceed.