CA Penal Code 21810 PC - Possession of Brass Knuckles
Brass knuckles are metal devices designed to encircle the hand, enhancing the force and impact of a punch. They are often shaped to conform around a clenched fist.
A punch delivered with brass knuckles can be extremely dangerous and potentially deadly. In California, brass knuckles (BK) are illegal under Penal Code 21810 PC, which makes it a crime to manufacture, sell, or possess them. Examples of illegal activities include:
- Carrying brass knuckles in your pocket
- Purchasing a small metal piece and machining it to fit your fist
- Purchasing brass knuckles out of state and bringing them home
Brass knuckles are illegal in California according to the state's law on generally prohibited weapons, which is outlined in California Penal Code 16590 PC.
What Does PC 21810 Say?
Penal Code 21810 PC states, "anyone in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale or offers for sale, or who gives, lends, or possesses any metal knuckles is punishable by county jail imprisonment not exceeding one year."
If you are found in possession of prohibited weapons in California, you may face severe penalties. Illegal weapons include cane swords, switchblade knives, dirks and daggers, and belt buckle knives.
Prohibited weapons statutes are often classified as "wobblers," meaning they can be charged as either a misdemeanor or a felony, depending on the specifics of your case. Our California criminal defense attorneys will analyze this law more thoroughly below.
What Are the Potential Penalties If Convicted?
As noted, possessing brass knuckles is a wobbler offense. In California, a wobbler is a crime that can be charged as either a misdemeanor or a felony, depending on the facts and circumstances of the case. Wobbler crimes are unique because of this flexibility.
If the prosecutor states that possession of brass knuckles is a misdemeanor, a judge may impose the following:
- up to one year of imprisonment
- a fine of up to $1,000, and
- informal summary of probation after conviction.
The sentencing judge has the authority to assign a defendant to misdemeanor probation instead of jail time. If the charge for possessing brass knuckles is filed as a felony, the judge may impose:
- up to three years of imprisonment
- a fine of up to $10,000 upon conviction, and
- formal felony probation
The judge has the authority to assign a defendant to felony probation as an alternative to jail or prison.
A conviction for possessing brass knuckles could impact your immigration status if you're a green card holder or in the U.S. on a visa.
Crimes involving moral turpitude or aggravated felonies may lead to deportation or make you inadmissible. If found inadmissible, you will be denied entry into the United States.
Is it Possible to Expunge this Offense?
Yes, in some cases. You can potentially get a conviction for possession of brass knuckles expunged under California Penal Code 1203.4 PC.
Only misdemeanors can be expunged; felonies, including those for brass knuckles, cannot be expunged in California. Therefore, if the case led to a felony conviction for possession of brass knuckles, it cannot be expunged under state law.
What Are Related California Laws?
In California, three criminal offenses are associated with possessing brass knuckles. These offenses include illegal activities involving items such as shobi-zue, lipstick case knives, shurikens, and other items. They are defined as:
- Penal Code 21110 PC - ballistic knife
- Penal Code 22210 PC - pertains to the possession of a baton
- Penal Code 20610 PC - lipstick case knife
- Penal Code 16470 PC - illegal carrying of a dirk or dagger.
- Penal Code 20410 PC - addresses knives attached to belt buckles
- Penal Code 24410 PC - possession of a cane gun
- Penal Code 647(f) PC - charge for public intoxication
- Penal Code 243(d) PC - aggravated battery
- Penal Code 245(a)(1) PC - assault with a deadly weapon
- Penal Code 21510 PC - pertains to the illegal possession of a switchblade
- Penal Code 22010 PC - relates to the unlawful possession of nunchucks
- Penal Code 20710 PC - possession of a shobi-zue. A shobi-zue is a pole with a hidden knife inside
- Penal Code 22410 PC - addresses the possession of shurikens, which are sharp metal objects commonly known as throwing stars.
What Are the Possible Defenses?
Several defenses can be used to challenge a charge of possession of brass knuckles. Common defenses for this offense include:
- The object in question does not qualify as brass knuckles according to the statutory definition.
- The police obtained the brass knuckles or other evidence in the case illegally; or
- Confession obtained through force or coercion.
The court has the authority to suppress illegally obtained evidence if the defense files a motion. Suppressing such evidence might result in the dismissal of charges.
Additionally, if law enforcement used coercive tactics to obtain a confession, we may be able to challenge this police misconduct as a legal defense.
Demonstrating that the confession was coerced could lead the judge to dismiss the case.
Retaining our law firm early in the case can boost your chances of a positive result. For instance, we may negotiate with law enforcement and prosecutors to persuade them not to pursue formal criminal charges initially.
This procedure is called a "DA reject," in which the prosecution declines to proceed with the case.
The top-rated Los Angeles-based criminal defense lawyers at the Hedding Law Firm represent clients across Southern California. Contact us for a case review.
