Defining a Writing Pen Knife in California
Writing pen knives are a kind of bladed weapon that resembles a writing pen. In fact, many of them are made with the outer shell of a pen. However, the inner workings of the pen are removed, and a knife is placed inside the shell.
Some people use writing pen knives to carry a concealed blade. However, it is illegal to possess these items in California. Any knife made to look like a writing pen is considered a writing pen knife in this state.
Basic Facts About PC 20910 Charges
PC 20910 deals with the prosecution of several different criminal acts. All of these crimes involve the use of a writing pen knife. Individuals in California face PC 20910 charges for:
- Making or manufacturing a writing pen knife
- Importing a writing pen knife into California
- Possessing a writing pen knife
- Giving away or selling a writing pen knife
Note that PC 20910 charges are not tied to the violent usage of a writing pen knife. However, this is still against the law in California. Attempting to hurt someone with a writing pen knife could lead to assault charges in California. Individuals could face battery or attempted murder charges as well.
You can reach out to a weapons charges lawyer in Los Angeles to learn more about fighting charges under PC 20910. The team at the Simmrin Law Group is ready to handle all of your legal questions.
Charges Like PC 20910 in California
There are several offenses related to PC 20910 charges in California. These charges are associated with other “generally restricted” weapons. Many restricted weapons in California are bladed instruments, such as:
- Belt buckle knives
- Cane swords
- Lipstick case knives
Items like stun guns and tear gas are also restricted in California. You can also face criminal charges for the illegal possession of certain firearms. Speak with the Simmrin Law Group to get more information about what is considered a restricted weapon in our state.
The Results of a Conviction for Crimes Involving Writing Pen Knives
The state classifies PC 20910 as a “wobbler.” Wobblers are a special kind of criminal charge. The court sometimes treats them as misdemeanors. In other situations, the court prosecutes them as felonies. The prosecution decides how to handle a wobbler based on the facts of the current case and the defendant’s past criminal record.
A violation of Penal Code 20910 is most commonly handled as a misdemeanor. A misdemeanor charge can lead to:
- Fines of up to $1,000
- Incarceration for up to one year
- Summary probation
A felony charge for violating PC Section 20910 is treated far more harshly. The penalties for a felony conviction may include:
- Fines of up to $10,000
- Up to three years of incarceration
- Formal probation
Defenses Against Writing Pen Knife Charges
We are here to help if you have been charged under PC 20910 in California. Our criminal defense lawyers in Los Angeles know what it takes to assist clients in your position. We can take steps to show that:
- You didn’t have a writing pen knife
- You were legally allowed to have a writing pen knife
- You were subjected to an unlawful search
You Didn’t Have a Writing Pen Knife
If you didn’t actually possess a writing pen knife, you should not be convicted of this charge. A criminal defense lawyer can work to show that another item like a standard pen or knife was confused for a writing pen knife or that a witness misidentified you as the person possessing the weapon.
You Were Legally Allowed to Have a Writing Pen Knife
Some individuals in California are allowed to handle writing pen knives. These individuals usually work in law enforcement. We can work to show that you were exempt from PC 20910 charges. We can help you from the moment of your arrest. Call now for support.
You Were Subjected to an Unlawful Search
Law enforcement must follow certain rules in order to search a person or property. The Fourth Amendment protects individuals against unlawful search and seizures. If a writing pen knife was uncovered during an illegal search, your lawyer will move to have the evidence suppressed. Your attorney may even be able to get the charges against you thrown out entirely.
Can a Conviction Under PC 20910 Be Expunged?
It may be possible to have a conviction for a violation of Penal Code 20910 expunged from your record. Before attempting this process, you must first complete any jail time or probation you were ordered to serve. You can then petition the court to have your conviction expunged. A criminal defense lawyer can help you with this process.
Does a PC 20910 Conviction Affect Gun Rights?
A misdemeanor conviction for a Penal Code Section violation will not affect your gun rights alone. However, using the writing pen knife to commit a violent act could result in a restriction of these rights. If convicted of a felony violation, you will lose your gun rights for life. California prohibits all convicted felons from owning firearms.
Discuss How to Fight Penal Code 20910 Charges with a Lawyer Right Now
You can get legal help if you are accused of crimes involving writing pen knives. The Simmrin Law Group understands Penal Code 20910 charges. We can help if you get charged with a misdemeanor or a felony. You can easily contact us by calling us today. We also have an online contact form.
Take charge of your future and contact a criminal defense lawyer in Los Angeles right now for a free consultation.