California prohibits individuals from bringing weapons onto school grounds. Individuals who bring weapons to schools can face criminal charges. The state uses Penal Code 626.10 to prosecute this criminal act.
PC 626.10 convictions are very serious. Individuals can face either a misdemeanor or felony charge for bringing weapons onto school grounds. Conviction of these charges leads to incarceration and fines. You can fight PC 626.10 charges with the Simmrin Law Group. Reach us by calling (310) 929-6782.
Bringing Weapons on School Grounds Charges in California
You are not legally allowed to bring a weapon to school in the state of California. This restriction includes public and private schools. Individuals face criminal charges if they bring a weapon to:
- A school that teaches any grades from kindergarten to 12th
- A university
- A private college
Many people believe that PC 626.10 only applies to firearms. However, this is not the case. This charge is used if someone brings any kind of dangerous weapon to a school. These weapons include firearms as well as:
- Pellet or BB guns
- Stun guns or tasters
- Daggers or dirks
- Folding knives
Find out more about how to fight PC 626.10 charges by speaking with a weapons charges attorney in Los Angeles.
Results of a Conviction for Weapons on School Grounds
PC 626.10 is considered a “wobbler” by the court system in California. Wobblers are special criminal charges in that they are not always treated the same way. Sometimes, they are prosecuted as misdemeanors. In other cases, they may be prosecuted as felonies. The prosecution is responsible for deciding how to handle these charges.
If the prosecution decides to charge PC 626.10 as a misdemeanor, a conviction can result in up to one year of jail time. Felony convictions are more serious. Individuals can face up to three years of prison time for a felony conviction.
Sometimes judges sentence individuals to probation after a PC 626.10 conviction. While on probation in California, individuals do not have to go to jail or prison but must obey the rules set by the court.
Disobeying a court order is considered a probation violation. Probation violations are criminal acts here in California. A conviction for a probation violation can lead to fines and incarceration.
Does a PC 626.10 Conviction Affect Gun Rights?
If you are convicted of a felony violation of PC 626.10, you will automatically lose your gun rights for life in California. However, you may still retain your gun rights if you are convicted of a misdemeanor charge. With a misdemeanor conviction under PC 626.10, restrictions on firearm ownership will depend on the specifics of your case and the court’s ruling.
Charges Like Bringing a Weapon on School Grounds
There are several other weapons charges in California. These charges restrict how and when people can carry or use weapons. A criminal defense lawyer in Los Angeles can help you build your defense against charges like:
- California’s Gun-Free School Zone Act
- Carrying a concealed dirk or dagger
- Possession of a switchblade knife
- Carrying a loaded firearm
In some cases, even carrying an unloaded gun is against the law. The Simmrin Law Group has years of experience helping clients in your situation. Contact us now for more information.
Defenses Against PC 626.10 Charges Here in California
We are here to help you review your possible defenses against PC 626.10 charges. The team at the Simmrin Law Group can help you argue that:
- You did not have a prohibited weapon
- You are legally allowed to possess a weapon
- You were falsely accused
You Did Not Have a Prohibited Weapon
Only some weapons are prohibited from school grounds. You are legally allowed to bring some weapons with you to school. For example, say that you brought a small pen knife to school. While this knife is technically a weapon, you are permitted to have it without facing PC 626.10 charges.
You Are Legally Allowed to Possess a Weapon
Some individuals are allowed to carry weapons with them, even onto school grounds. If you are a peace officer or a member of the armed forces, you may be allowed to carry a weapon. Thus, you may also be able to avoid a PC 626.10 conviction.
You Were Falsely Accused
Unfortunately, false accusations are quite common in the justice system. Sometimes these accusations are made purely by accident, while other times they are made with malicious intent.
If you are falsely accused, it could be because a witness viewed a crime perpetrated by someone who is similar in appearance to you. Alternatively, a false accusation can occur because the witness saw you around the same time they saw the perpetrator and got confused.
If you know your accuser, they may have maliciously accused you of a crime that they know you did not commit. Many false accusations are made out of revenge. Often, in these situations, no crime was actually committed at all.
Can a Penal Code 626.10 Charge Be Expunged?
If you get convicted of a misdemeanor charge under PC 626.10, it is possible to get the charge expunged from your record. You can apply upon completion of your jail or probation sentence. However, things are more complicated if you get convicted of a felony offense. Convictions can not be expunged if you serve time in prison as a result.
Because of this, a felony conviction can only be expunged if the sentence you receive does not involve a prison term.
Review Weapons on School Grounds Charges With a Lawyer
Were you accused of bringing weapons on school grounds in California? Contact a Los Angeles criminal defense lawyer from Simmrin Law Group to get help handling PC 626.10 charges right away. Just call us or complete our online contact form. We know how to help clients in your situation. Start with a free consultation right now.