Possession of Brass Knuckles
It is illegal in Los Angeles County to possess brass knuckles. It is also illegal now that the California Penal Code Section 21810 has been defined more clearly – to possess any type of knuckles that are used to be able to inflict a serious blow to another person.
Examples of course, are brass knuckles, any type of metal knuckles, composite knuckles, anything with resin.
The bottom line is if you have some sort of a knuckle that goes over your fingers that you can use to punch somebody. It's a hard substance and the prosecutors get their hands on a case like that, they're going to prosecute you. When it comes to possession or use of brass knuckles in Los Angeles County, it's a wobbler – which basically means it can be prosecuted as a felony or a misdemeanor.
Factors for Misdemeanor vs Felony Case
This is another one of those crimes for which it's obviously illegal to have any type of metal or hard knuckles. That's one charge, and depending on what you're doing with those knuckles, the prosecutors will use their discretion in filing the case as a felony or misdemeanor.
But suppose you hit somebody in the face with some sort of metal knuckles, causing some sort of serious injury to that person. In that case, you can bet your bottom dollar that the police and prosecutors are going to arrest you and charge you with a felony.
You're going to be looking at time in California state prison. Suppose the injury is bad enough and meets certain requirements of the Penal Code. In that case, you will also be charged with a 3-year prison enhancement for inflicting great bodily injury against another person.
You'll have a strike on your criminal record that will last forever in California. The bottom line is that no good can come from possessing any type of metal knuckles, brass knuckles or otherwise, because if you violate Penal Code Section 21810, the prosecutors and judges take these crimes very seriously, and you're going to need a good defense attorney to defend you.
Defenses To Possession Of Brass Metal Knuckles – PC 21810
There are defenses, but the bottom line is you're going to have to be able to show that either you're not the one who possessed the knuckles or that somehow the substance of the knuckles is not dangerous to other people.
This becomes very difficult because the Penal Code section was altered not too long ago. There was a loophole in there because many people didn't have brass knuckles but other hard substance knuckles.
The legislature has since closed that loophole, and obviously, if you get caught with brass knuckles, the police will arrest you or cite you to appear in court, and you'll have to defend yourself.
So, even if you have a self-defense situation, you might be warranted in defending yourself if someone is using deadly force against you for example, you might be able to use brass knuckles.
If someone is coming toward you with a knife and you use brass knuckles, you argue that that's a reasonable force because you're meeting serious deadly force like a knife, for example, with some other force that's equally as damaging.
However, you would still be guilty of possession of brass knuckles under that scenario. So, the bottom line is if you're charged with possession of any type of knuckles, you want to get an attorney who's been doing it for twenty-five years, like me. I have handled these cases and seen how the crime of possessing metal knuckles has developed into a felony under some circumstances and where it should be charged as a misdemeanor.
Preparing a Mitigation Package For Your Defense
These are crucial distinctions, and there are essential arguments that can be made on your behalf. Still, they have to be made by an attorney who's been down this road before, who knows how to put together a mitigation package for the prosecutors, and who knows how to fight and defend these cases if necessary.
What I have you do is I have you come in the office? We go over everything. I obviously encourage you to give me all the details. Be honest.
Don't leave anything out. Don't put a spin on anything. Once I have all the facts and circumstances, I can then use my years of experience to help develop a defense strategy. I can tell you what you can do to help me. I'll let you know what you're up against and what you're facing.
I will also let you know what I'm going to do to help you—what type of result you're likely to get and how we can get the best result through mitigating circumstances in a case or using character letters and other things that make sense as they relate to your case so we can get this possession of brass knuckles pursuant to Penal Code Section 21810 off your record as soon as possible.
