Penal Code 21810 PC Possession of Brass Knuckles

Penal Code 21810 PC is a California law that prohibits the possession of brass knuckles. Penal Code section 21810 PC and may result in jail time and/ or significant fines.

What is a Brass Knuckle?

A brass knuckle is a metal instrument with finger holes that a person inserts their fingers into. Such as rings with spikes on their outer surface and ball bearings inside those holes.

Penal Code Section 21810 PC

Under Penal Code 21810 PC, it is illegal in California to make, import, sell, give, or possess metal knuckles or brass knuckles (“BKs”). This, therefore, constitutes a wobbler offense. In other words, prosecutors can, depending on the circumstances, elect to file the charge as either a misdemeanor or a felony.

Penalties for a Misdemeanor Penal Code Section 21810 PC Violation

The penalties for a misdemeanor 21810 PC violation is punishable by:

• Imprisonment in the county jail for up to one year; and/or,
• A maximum fine of $1,000

Penalties for a Felony Penal Code Section 21810 PC Violation

Penalties for a PC 21810 violation is punishable by:

• Imprisonment in a county jail for up to three years; and/or,
• A maximum fine of $10,000.

Other Related Offenses

There are three related offenses to brass knuckles. These include:

• Penal Code 20710 PC Shobi-Zue – any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any shobi-zue is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
• Under Penal Code 20610 PC – any person in this state who manufactures or causes the manufacturing of, imports, keeps for sale, offers for sale, gives, lends, or possesses any lipstick case knife faces punishment by imprisonment in a county jail for up to one year or imprisonment pursuant to subdivision (h) of Section 1170.
• Penal Code 22410 PC Shurikens -any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any shuriken is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. A shuriken, for example, also goes by the names “Shur,” “throwing star,” or “ninja star.” Therefore, it is important to understand these alternate names when discussing the item.

Los Angeles Criminal Defense Attorney

If you or a loved one faces charges under Penal Code 21810 PC, call our Los Angeles criminal defense attorney at (310) 943-1171 for a free consultation and case review.

Possible Defense Strategies for a Charge of Violating California Penal Code Section 21810

There are a number of legal defense strategies that can be used depending on the circumstances of the case. A criminal defense attorney can evaluate the situation and choose the best line of defense for their client.

Lack of Intent or Knowledge

One possible defense is lack of intent to possess or lack of knowledge of the presence of brass knuckles. The law requires the prosecution to prove that the defendant knowingly possessed the prohibited item. For example, if a person was using someone else’s car and was unaware of the presence of brass knuckles inside, this could be a defense argument.

Unlawful Search and Seizure

There may also be a possible defense based on a violation of the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures. If brass knuckles were discovered during a search conducted without a proper warrant, an attorney can file a motion. If the court grants the motion, the charges may be reduced or dismissed altogether.

Lack of Evidence of Intent to Use Brass Knuckles as a Weapon

Another defense argues that the item does not qualify as a weapon. For example, the defendant may show that the item was designed as:

• A costume piece
• Jewelry
• A souvenir

And the defendant did not intend to use it to commit an assault. This may be a circumstance in his favor.

Exceptions for Certain Persons

It is important to note that in some cases, the law allows the possession of brass knuckles if it is related to:

• Professional work
• Scientific work
• Use in the film industry

However, such cases require special permits. An attorney can use the existence of such a permit as an element of the defense.

Contact a KAASS LAW Criminal Defense Attorney