Leaded Canes and Batons in California
PC 22210 deals with the possession of both leaded canes and batons. Leaded canes are a kind of stick that, as their name would suggest, have extra weight added to them by way of lead. Leaded canes can severely hurt someone if used as a weapon.
Batons are short, weighted weapons. However, batons are not the only short and weighted weapons prohibited in California. PC 22210 prohibits such weapons as:
- Billy clubs
- Blackjacks
- Saps
- Slungshots
- Sandbags
Individuals caught with any of these weapons can face criminal charges in this state.
PC 22210 Charges in California
PC 22210 charges may apply if someone possesses or owns a baton or leaded cane. However, PC 22210 charges can also apply to other situations. For example, individuals can face PC 22210 charges if they:
- Import batons or leaded canes
- Sell batons or leaded canes
- Give away batons or leaded canes
It is also against the law to create your own baton or leaded cane. Taking any of the above actions can lead to a criminal charge in the state of California. You should also know that PC 22210 is a “wobbler.” A wobbler is a charge that the court can treat as either a misdemeanor or a felony.
Permits for Baton Ownership in California
Generally, it is illegal to own a baton in California. However, some individuals can get a permit that allows for baton ownership. Security guards, for example, are allowed to request this permit. However, the permit only allows them to carry the weapon while working. Permits are available to security guards who:
- Are registered as security guards
- Have baton training from a certified facility
- Are older than 18 years of age
- Pay a $50 fee
Security guards who have the approval to carry a baton may not face PC 22210 charges in California. Find out about other exemptions to these charges with the Simmrin Law Group. Our team can give you the legal advice you need.
Penalties for Crimes Involving Batons and Leaded Canes
PC 22210 is a wobbler. This means the court can treat this charge as a misdemeanor or a felony. The decision is left up to the prosecution, who looks at the facts of the case when making this decision. They will also review the individual’s criminal history.
A misdemeanor conviction can result in:
- Fines of up to $1,000
- Incarceration of up to one year
- Summary probation
Individuals can face harsher penalties for a felony. For example, a felony conviction can lead to:
- Fines of up to $10,000
- Incarceration of up to three years
- Formal probation
We can help you handle either misdemeanor or felony accusations. Just give us a call right now.
Does a Conviction Under PC 22210 Affect Gun Rights?
If you are convicted of a misdemeanor violation of California PC 22210, your gun rights should not be affected. However, if the charge gets processed as a felony, a conviction would mean the revocation of your gun rights under California law. Those convicted of a felony in California receive a lifetime ban on gun ownership.
Can a Conviction Under PC 22210 Be Expunged?
It may be possible to get a conviction for violating Penal Code Section 22210 expunged. In order to petition for an expungement, you must first complete your jail sentence or probation period.
Getting a charge expunged from your record can help make things easier when attempting to get your life back on track after serving out your sentence. Particularly, expungement can make it much easier to secure employment and housing. Talk to a criminal defense lawyer at the Simmrin Law Group to learn more about the steps to take to get your conviction expunged.
PC 22210 Charges and Legal Defenses in California
There are many defenses available if you get charged under PC 22210. Depending on the facts of your case, we can work to show that:
- You didn’t have a leaded cane or baton
- You were allowed to have a leaded cane or baton
- You were unaware that you possessed a leaded cane or baton
You didn’t Have a Leaded Cane or Baton
You should only face a PC 22210 conviction if you actually had a leaded cane or baton. Let’s say you were carrying around a cane. However, the cane was made only of wood. You should not have to face a PC 22210 conviction in this situation.
You Were Allowed to Have a Leaded Cane or Baton
Some security guards are exempt from PC 22210 and are allowed to carry a baton. Law enforcement officers may also carry a baton, depending on the situation. Find out more about these exemptions and if they apply to your case by calling the Simmrin Law Group.
You Were Unaware That You Possessed a Leaded Cane or Baton
If someone left a leaded cane or baton in your home or vehicle without your knowledge, you should not face charges under Penal Code 22210. A criminal defense lawyer can work to show that you did not know that you were in possession of these weapons.
Contact a Lawyer Today About Fighting Penal Code 22210 Charges
Our team is ready to help you if you were accused of possessing a baton or a leaded cane. Contact the Simmrin Law Group for legal assistance. Reach out to a criminal defense lawyer in Los Angeles by calling us today. We also have an online contact form for you.
Contact us today for a free consultation. We will review the details of your case, answer any questions you may have, and advise you of your options for the next steps to take.