Penal Code 4502 makes it illegal for people in jail or prison to possess or make weapons. This criminal act is considered a felony in the state of California. Individuals can face this charge just for having a weapon in their control, even if they are not physically holding it.
The possession or manufacture of weapons in jail or prison can lead to additional time behind bars. Get additional information about how to fight this charge with the Simmrin Law Group. We’re standing by to answer your questions.
General Information About Penal Code 4502
There are several factors incorporated into PC 4502 charges. Individuals should only be convicted of this charge if they are:
- In a penal institution
- On their way to a penal institution
- Being taken from a penal institution
PC 4502 charges apply if someone possesses or constructs a weapon. The individual also must know that the object in their possession is a weapon to be convicted of this charge. Note that there are many “penal institutions” in California. PC 4502 charges can apply to individuals incarcerated in:
- County jails or road camps
- State prisons or prison road camps
- Prison forestry camps
Individuals who have control over a weapon can face PC 4502 charges in court. You can have control of a weapon, even if you are not currently holding it. If the item is in your possession or even just with your belongings, it could be considered in your control.
Types of Weapons Covered by PC 4502
There are many different kinds of weapons in the state of California. Some weapons are more obvious than others. For example, individuals cannot carry firearms, including:
It is also against the law to possess or manufacture dirks, daggers, or other knives. Other weapons can lead to PC 4502 charges here in California. For example, individuals can face criminal charges if they are found with:
- Brass knuckles
- A blackjack or billy club
- Sandclubs or sandbags
These are only a few examples of restricted weapons in California. Possession of other weapons could also lead to PC 4502 charges. Find out more about which weapons are regulated by PC 4502 by contacting the Simmrin Law Group.
Penalties for a PC 4502 Conviction
Generally, a PC 4502 conviction adds time to someone’s existing prison sentence. The possession or manufacture of weapons in jail or prison is considered a felony in California. However, PC 4502 is not always penalized the same way.
Individuals convicted of manufacturing a weapon can have three years added to their sentence. Individuals who possess a weapon can face four additional years of prison time. In both cases, these individuals can qualify for probation.
A criminal defense lawyer in Los Angeles can review all the penalties for a PC 4502 conviction with you and help you build your defense. Reach out to us to learn more.
Does a Conviction Under PC 4502 Affect Gun Rights?
A violation of Penal Code 4502 is a felony offense. Felony convictions result in a lifetime ban on owning a firearm. Of course, if you are already in prison for a felony offense, your gun rights will not be affected since you will have lost them due to your initial conviction.
PC 4502 Legal Defenses
PC 4502 charges do not automatically lead to a conviction in California. Get help handling these charges by contacting a lawyer. Our team here at the Simmrin Law Group understands how to build the best defense for you. We can help you show that:
- The weapon belonged to someone else
- The weapon was falsely placed in your possession
- You had the weapon for self-defense
The Weapon Belonged to Someone Else
PC 4502 charges can apply if you possess or manufacture a weapon in jail or prison. You can face a conviction if the weapon is under your control. We can work to show that the item belonged to a different inmate and help you avoid conviction.
The Weapon Was Falsely Placed in Your Possession
Someone may have planted a weapon on you or in your possessions to frame you. We can help you show that you never willingly acquired the weapon. A concealed weapon may have been hidden by another inmate so that you wouldn’t find it, rather than hidden by you so that the guards wouldn’t come across it.
You Had the Weapon for Self-Defense
An individual may keep a weapon for self-defense in jail or prison under certain circumstances. If you thought you were in imminent danger, this defense could apply to you. Ask an attorney for more information.
Other Crimes Involving Contraband in Penal Institutions
Weapons are not the only type of contraband prohibited in penal institutions. There are several laws that regulate the illegal possession of items in a prison. A few of these laws include:
- California Penal Code Section 4573: Bringing Drugs Into Jail or Prison
- California Penal Code Section 4573.5: Bringing Contraband Into a Correctional Facility
- California Penal Code Section 21310: Carrying a Concealed Dirk or Dagger
California Penal Code Section 4573: Bringing Drugs Into Jail or Prison
It is illegal to possess or distribute drugs in a correctional facility. For the purpose of this law, drugs are defined under the United States Controlled Substances Act. Both inmates and visitors can be charged under PC 4573.
California Penal Code Section 4573.5: Bringing Contraband Into a Correctional Facility
This charge is similar to PC 4573 but covers items that are considered less serious. The definition of contraband under PC 4573.5 includes alcohol and any drug not listed under the United States Controlled Substances Act.
California Penal Code Section 21310: Carrying a Concealed Dirk or Dagger
This charge can often be leveled along with a charge under California PC 4502. You can be charged with an offense under PC 21310 if you possess a knife or other instrument capable of being used as a stabbing weapon and inflicting serious bodily harm.
Get Information Today About How to Fight the Charge of Possession or Manufacture of Weapons in California Penal Institutions
Are you facing charges under Penal Code 4502? Contact the Simmrin Law Group. We’ll answer your questions and build a strong case for you. We’ll start working on your case with a free consultation today.
Just call us or fill out our online contact form. Should you choose to retain our services after your initial consultation, we will get to work right away, building you a strong defense against your charges.