Penal Code 21810 prosecutes the possession of brass knuckles, as well as other criminal acts involving brass knuckles. A conviction for possession of brass knuckles in California could lead to serious consequences. Contact the Simmrin Law Group right now to learn more about how to fight this charge.
Facts About Brass Knuckles in California
Some people wear brass knuckles on their hands in preparation for a fight. These metal items are not always made from brass. In fact, they can be made from other materials like iron or steel. PC 21810 deals with the possession of any kind of “metal” knuckles.
Generally, brass knuckles serve to increase the effects of striking someone else. Individuals hit by brass knuckles can end up experiencing serious injuries. For this reason, California restricts the ownership of brass knuckles.
PC 21810 Charges in California
PC 21810 deals with the possession of brass knuckles in California. However, the court also uses PC 21810 to prosecute other illegal acts involving brass knuckles. For example, individuals can face this charge if they make a pair of brass knuckles.
It is against the law to import brass knuckles into California. Individuals can also face criminal charges if they sell brass knuckles. Finally, giving brass knuckles away is against the law in this state. Any of these actions can lead to criminal charges.
Other criminal charges sometimes involve brass knuckles. For example, let’s say a man purchased a set of brass knuckles. He put the knuckles on then tried to hit another person. If this situation happened in California, he could face charges for assault.
Charges Like PC 21810 in the Court System
Brass knuckles are one type of restricted weapon in California. Additional types of restricted weapons in this state include:
- Cane swords
- Lipstick case knives
- Air gauge knives
- Belt buckle knives
The Simmrin Law Group can help you fight charges associated with any of these weapons. We understand how to build defenses against restricted weapons charges in California.
The Results of a PC 21810 Conviction
A conviction for the possession of brass knuckles can lead to fines and jail time. However, not all PC 21810 charges are treated the same way in California.
PC 21810 is considered a “wobbler.” Wobblers are treated as either a misdemeanor or a felony in California, depending on how the prosecution wants to handle the charge. Misdemeanor convictions can result in:
- Fines of up to $1,000
- Incarceration of up to one year
- Summary probation
The court handles felonies more harshly. A felony conviction can lead to:
- Fines of up to $10,000
- Incarceration of up to three years
- Formal probation
We are ready to help you build a defense if you are facing misdemeanor or felony charges. Reach out to us right now to learn more.
Defenses Against a Possession of Brass Knuckles Charge in California
Get to work on building your defense against PC 21810 charges in California right now. The team at the Simmrin Law Group can work to help you with one of several common defenses, depending on the specifics of your situation. Your lawyer may be able to argue that:
- You were not in possession of brass knuckles
- You are exempt from the ban on owning brass knuckles
- You were the victim of an unlawful search and seizure
You Were Not in Possession of Brass Knuckles
You could be charged with possessing brass knuckles even though you never did. Another item could be mistaken for brass knuckles, or you could be mistaken for another person who did have brass knuckles. If you were never actually in possession of brass knuckles, your lawyer can help fight these charges.
You Are Exempt From the Ban on Owning Brass Knuckles
Our team can also help you show, if applicable, that you were exempt from PC 21810 charges. For example, you shouldn’t be convicted if you work in law enforcement. This is because some individuals in law enforcement are allowed to handle or even sell brass knuckles.
You Were the Victim of an Unlawful Search and Seizure
The police are not allowed to search your person or property anytime they want. The Fourth Amendment protects individuals against unlawful search and seizure. If the police search you or your property without following proper procedure, your criminal defense lawyer can move to suppress any evidence they uncover from said search.
When the case of the prosecution relies heavily upon illegally obtained evidence, your attorney might be able to get the case thrown out entirely.
Allow us to review your situation right now. We may be able to get your charges reduced or even dismissed. We can stand up for you in court if you are facing charges under PC 21810.
Can a Conviction Under PC 21810 Be Expunged?
It is possible to have a conviction of a violation of Penal Code 21810 expunged from your record. Once you have completed any incarceration or probation term, you can petition the court to have the charge expunged from your record. Review your case with a criminal defense lawyer to find out how to increase your odds of getting your conviction expunged.
Does a Conviction for Owning Brass Knuckles Affect My Gun Rights?
If you are convicted of a misdemeanor charge, your gun rights should not be affected unless you used the brass knuckles when committing a violent act. However, any felony charge will automatically result in a lifetime ban on gun ownership in California.
Speak to a Lawyer Today About Penal Code 21810 Charges
Get help now if you were charged with possession of brass knuckles in California. Reach out to a member of the team at the Simmrin Law Group. We are ready to help you fight the charges associated with Penal Code 21810 violations. Call us or fill out our online contact form. Get help from a criminal defense lawyer in Los Angeles today.
Reach out to us for a free consultation to review your legal options.