Tag: weapons offenses

Other Weapons Offenses: Bladed and Blunt Weapons

Posted by Brianna Wilkins on
weapons offenses
weapons offenses

Weapons offenses can vary quite a bit depending on the crime. For the most part, most weapons offenses involve the possession or use of illegal firearms. However, lately, a handful of Californians face arrest and detention for carrying all varieties of ‘deadly weapons.’

The state of California has very strict laws on weapons of all types. In fact, the Penal Code makes it illegal to possess, manufacture, import, sell, or give away a long list of weapons prohibited in the state.

Weapons Offenses

California defines a ‘deadly weapon’ as: anything that has the potential to cause death if used in a violent manner.

According to California law, even your fist or car can be a deadly weapon. Of course, this depends on how one uses the so-called weapon. The laws surrounding the purchase and ownership of weapons are strict. If you’re convicted of another crime in which you used a deadly weapon, you can face additional penalties.

At one point in time, all prohibited weapons were listed under Penal Code section 12020. Currently, they’re scattered throughout the Penal Code. Some of the more common ‘deadly weapons’ illegal in the state of California are metal knuckles, nun chucks, and dirks and daggers.

Dirks and Daggers

Defined as a knife or other instrument with or without a hand guard that’s capable of ready use as a stabbing weapon and may inflict significant physical injury or death, carrying concealed dirks and daggers is a violation of California law. Folding pocket knives or utility knives are concealable. If the knife is not open and the blade does not lock. Straight knives and folding knives that are open and locked may be worn under California’s “open carry” knife law if they are carried in a sheath worn openly suspended from your waist.

Other knives, like switchblades and ballistic knives, are illegal under all circumstances. Carrying a concealed dirk or dagger is a ‘wobbler.’ That term is new to most people! A ‘wobbler’ is a crime that can be either a misdemeanor or felony. As a misdemeanor, the charge carries up to one year in county jail. As a felony, it carries a penalty of up to three years in California State Prison.

Nun Chucks

Nun chucks found their way into the Penal code in 1974. They’re not legal in the state of California. Possession of nun chucks is a crime. Consequently, it carries up to one year of imprisonment following conviction. Although nun chucks are illegal, there are certain circumstances where possession is in fact legal. If nun chucks are in the possession of a person or on the premises of a school that teaches the art of self-defense, they’re legal. Additionally, the manufacture and sale of nun chucks to an institution that teaches self-defense is legal under California law.

Metal Knuckles

More commonly referred to as brass knuckles, metal knuckles are illegal. Possession of metal knuckles is a felony. However, metal knuckles, in court is often only a misdemeanor. Furthermore, any person who is in possession of a type of composite, wood, or plastic, is committing a misdemeanor.

Additionally, this criminal offense carries potential jail time, probation, fines and, a permanent mark on your criminal record. Though the items are widely available on the internet and swap meets, they are still highly illegal. Widely available doesn’t always equate to legal.

Hire an Attorney

With all of this in mind, talk to a criminal defense lawyer at The Kavinoky Law Firm right away. If you or someone is facing weapons charges, a criminal defense attorney well-versed in California law can help.

1.800.NO.CUFFS is the number to call – we don’t sleep – so you can. Don’t wait to get a free consultation from one of the best criminal defense attorneys in the state of California.

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Weapons Offenses

Posted by Brianna Wilkins on

Weapons offenses in California are complicated. As circumstances change, so do penalties.

 

Weapons Charges

Though the right to keep and bear arms is legal per the United States Constitution,weapons offenses there are regulations. These regulations govern when and how one might use those firearms. California laws covering weapons is complex and can be confusing. Oftentimes, it needs the evaluation of an attorney who specializes in criminal law.

A weapons charge in the state of California is a very serious offense. For those found guilty, it carries severe fines and penalties. Now, most weapons charges are felonies. However, in some cases, possession of a weapon is only a misdemeanor.  What’s more, if you possess a firearm illegally, you face a mandatory jail sentence upon conviction. The minimum penalties increase following multiple convictions.

Common Penalties for Weapons Offenses

The most common gun charge in the state of California is unlawful possession of a firearm (example having a gun without a permit.)  Hence, this is a only misdemeanor charge. However, it can still carry a fine of up to $1,000 and/or up to one year in jail.

Other weapons offenses in the state of California include, but are not limited to:

  • Assault with a deadly weapon
  • Selling a firearm
  • Possession of an assault weapon
  • Brandishing a deadly weapon and/or firearm, and
  • Using a gun while committing a crime (robbery, assault, drug offenses)

Most people assume weapons refer strictly to guns, but this is not the case. A deadly weapon is defined very broadly and includes knives, daggers, brass knuckles, or even a motor vehicle if it is used with malicious intent.

Weapons charges in the state of California tend to result in harsh punishments. As a matter of fact, they often include the prospect of jail time, expensive fines, and a permanent criminal record. Consequently, that makes it difficult to obtain housing and employment down the road

Felony weapons charges often result in jail time. Factors which impact the results of a trail include:

  1. The type of offense,
  2. The defendant’s criminal record, and
  3. Circumstances surrounding the arrest. These may include drug use and intent with the weapon.

If you or someone you know is facing weapons charges, your attorney works for the best outcome. This law firm focuses on working with our clients toward the best result. These results include:

  • Making all necessary court motions
  • Interviewing witnesses connected to your case
  • Preparing your case for trial, and
  • Seeking alternative sentencing

Hire an Attorney

The Kavinoky Law firm hires the best criminal defense attorneys in California. In fact, our excellent and experienced attorneys work hard to fight for their clients’ rights. Furthermore, if you find yourself on the wrong side of the law, call 1.800.No.Cuffs for a free consultation. 

Find a DUI Lawyer Near Me