Brass Knuckles – Penal Code 21810 PC

Brass knuckles are weapons worn over the knuckles, typically made of metal, designed to increase the impact of a punch. They’re often associated with self-defense or combat, but their potential for harm makes them illegal in many states, including California.

Under Penal Code 21810, brass knuckles are defined as any instrument that is designed to fit over the knuckles so as to be used to give a punch enhanced force. According to this definition, it could be anything manufactured from metal, plastic, or other hard substances.

California law bans the manufacturing and selling of brass knuckles. This is part of an effort to reduce the risk of violence involving these weapons.

Even if you’re not using them, simply possessing brass knuckles is against the law. Whether you keep them in your home, car, or anywhere else, owning brass knuckles can lead to legal trouble.

Bringing brass knuckles into California from another state or country is also prohibited. Even gifting or transferring them to another person violates Penal Code 21810.

If you’re charged with a misdemeanor, the penalties can include:

• Up to one year in county jail.
• Fines up to $1,000.

These are typical for first-time offenders or less severe cases.

For more serious cases, Penal Code 21810 violations can be charged as felonies, leading to:

• 16 months to three years in county jail.
• Significant fines.

Felony charges are more likely if you have a criminal record or if the brass knuckles were used in connection with another crime.

Weapon-related convictions, like those under Penal Code 21810, can have severe consequences for non-citizens. A conviction may result in deportation or make it harder to obtain visas or residency.

If your conviction was a misdemeanor, you are eligible for expungement. Expungement is the process for clearing a conviction from your record, which may help you with future employment and other opportunities. To begin, you will petition for expungement in the court and must meet certain criteria, including completing the term of probation.

Felony convictions for brass knuckles are harder to expunge. However, your lawyer might be able to help by arguing to reduce the charge to a misdemeanor, also improving the chances for a court to grant an expungement as well.

One defense is proving that the brass knuckles weren’t yours. For example, if they were found in a shared space or vehicle, the prosecution must prove they belonged to you.

Not every object that resembles brass knuckles meets the legal definition. Your lawyer can argue that the item in question isn’t designed to enhance punches or cause harm.

If law enforcement obtained the brass knuckles through an unlawful search, that evidence might not be used against you. A strong defense often starts with challenging how evidence was collected.

If you were pressured into admitting to possession without proper legal representation, your confession could be dismissed. Your attorney will challenge any coerced or improperly obtained statements.

California has strict laws against several weapons, including switchblades, nunchakus, and ballistic knives. Violating these laws often carries similar penalties to those for brass knuckles.

The crimes committed with weapons sometimes can be considered “wobblers,” meaning the charge can be prosecuted as a misdemeanor or as a felony. A very competent attorney would argue for less serious charges on a wobbler offense, thereby achieving a reduction from a felony to a misdemeanor.

Your attorney will closely examine the evidence to spot weaknesses or errors in the prosecution’s case. If the evidence was obtained illegally or doesn’t prove possession, a Los Angeles criminal defense lawyer can argue for dismissal.

At times, it becomes possible to plead with prosecutors and reduce a felony charge to a misdemeanor. It is then likely to reduce penalties and long-term consequences.

If your case goes to trial, a strong defense is very important. Your lawyer will challenge the prosecution’s claims, present evidence in your favor, and work to secure the best possible outcome.