The state of California regulates the use of tear gas (or riot control agents). Some individuals are legally allowed to own tear gas for self-defense purposes. Other individuals – including those convicted of a felony – are not allowed to own tear gas for any reason.
Penal Code 22810 covers the unlawful use of tear gas in California. This charge can lead to fines and even jail time. The Simmrin Law Group can provide you with more information about how to fight a PC 22810 charge. Find out what you can do if you are facing a charge.
Basic Information About Tear Gas
Tear gas is a chemical compound that negatively impacts an individual’s respiratory system and skin. Tear gas is considered a riot-control agent. There are several common types of tear gas. Examples can include:
- Pepper spray
- CS, CR, or CN gas
- PAVA spray
These mixtures contain different chemicals that all have similar effects. For example, tear gas usually irritates an individual’s:
Some people have a stronger reaction to tear gas than others. However, many individuals choose tear gas as a self-defense option, as it is not usually deadly. California allows many people to purchase tear gas for this purpose.
For a free legal consultation with a unlawful use of tear gas in california lawyer serving California, call (310) 896-2723
PC 22810 Charges in California
PC 22810 controls the purchase, ownership, and use of tear gas agents in the state of California. According to PC 22810, individuals are only allowed to purchase tear gas for the purpose of self-defense. However, some individuals are never allowed to buy tear gas. This restriction includes any individual:
- Under the age of 18
- Who has an addiction to narcotics
- Who was convicted of assault or a felony
Furthermore, individuals can face criminal charges if they use tear gas to commit an illegal act. The state of California takes these charges very seriously. Get more specific information about this charge by contacting the Simmrin Law Group.
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Other Charges Like the Unlawful Use of Tear Gas
The court system uses other charges similar to PC 22810 to prosecute the misuse of different weapons in our state. Examples of similar charges can include:
- Assault with caustic chemicals
- Possession of weapons in a public building
- Possession of weapons in a public transit facility
We’re ready to help you fight these criminal charges here in California. Just reach out to us today to get the help you need.
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Results of a PC 22810 Conviction
PC 22810 is a wobbler in California. Wobblers are sometimes treated as misdemeanors. In other cases, they are prosecuted as felonies. These convictions can lead to up to one year of incarceration for a misdemeanor or up to three years for a felony.
Individuals can also face thousands of dollars in fines after a PC 22810 conviction. A weapons charges lawyer in Los Angeles can help if you face misdemeanor or felony charges. Members of our team at the Simmrin Law Group are standing by to speak with you now.
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Will a Conviction Affect My Gun Rights?
A misdemeanor conviction of PC 22810 could have an effect on your right to own a gun. For instance, if tear gas was used in a domestic violence case, your rights will be restricted. However, some misdemeanor charges will not affect your gun rights. Your criminal defense lawyer can advise you if the loss of your gun rights is a potential consequence of a conviction.
If you are convicted of a felony violation of PC 22810, things are much clearer. All felony convictions in the state of California result in a lifetime ban on gun ownership.
Unlawful Use of Tear Gas and Legal Defenses
Many people turn to a criminal defense lawyer in Los Angeles after an accusation of the unlawful use of tear gas. Your lawyer can investigate the charges, work to block any evidence against you, and argue that:
- You only used tear gas in self-defense
- You were legally allowed to own tear gas
- You were subjected to an illegal search and seizure
A defendant can argue that their use of tear gas was done in self-defense. In order for self-defense to be a valid argument, the defendant must show that they:
- Believed they were in imminent danger
- Felt the force was needed to stop the danger
- Used a level of force that was appropriate as a defense
Using tear gas in self-defense or defense of others is not a crime.
Legally Allowed to Own Tear Gas
Most people in the state of California are legally allowed to buy or possess tear gas for self-defense purposes. However, we can help if you are being accused of owning tear gas illegally. Our goal is to successfully resolve or reduce your criminal charges after an arrest.
If a defendant is charged with unlawful possession of tear gas, a valid defense would be to show that they are legally allowed to possess this weapon.
Subjected to an Illegal Search and Seizure
There are many rules that police must follow in the line of duty. The Fourth Amendment protects individuals against unreasonable search and seizure. If authorities search your home, vehicle, or person without a warrant or probable cause, any evidence they obtain is inadmissible.
If you have been subjected to an illegal search and seizure, your attorney will move to have any evidence gathered as a result of this action suppressed. They may even succeed in getting your case thrown out entirely.
Can I Get a Conviction Under PC 22810 Expunged?
It may be possible to get a conviction for a PC 22810 violation expunged from your record. With the help of a criminal defense lawyer, you will likely be able to get a misdemeanor conviction expunged after you have completed your jail or probation sentence.
However, with many felony convictions, expungement is not possible. While you can get a conviction expunged after going to jail, if you serve time in prison instead, expungement is no longer an option.
Ask a Lawyer About How to Fight an Unlawful Use of Tear Gas Charge Today
Need help handling Penal Code 22810 charges in California? Contact the Simmrin Law Group today. Our criminal defense lawyers in Los Angeles will review your possible defenses and legal options with a free consultation today.
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