Penal Code § 21810 PC - Brass Knuckles
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1. What Is Penal Code § 21810 PC?
Penal Code § 21810 PC Law Reads As Followed:
“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 metal knuckles is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.”
2. What are Examples of Penal Code § 21810 PC?
Penal Code § 21810 PC in California makes it illegal to manufacture, sell, give away, or possess metal knuckles, commonly known as brass knuckles. These devices are designed to increase the impact of a punch by focusing the force onto a small area, which can cause more significant injury. To understand how someone might violate this law, here are some examples of situations that can lead to a charge under Penal Code § 21810:
1. Possession of Brass Knuckles
Example: Carrying brass knuckles in public Suppose a person is walking around with brass knuckles in their pocket or attached to a keychain. Even if they have no intention of using them, simply having them in their possession is enough to violate Penal Code § 21810. The law does not require any intent to use them; possession alone is a crime.
2. Selling Brass Knuckles
Example: Selling brass knuckles at a flea market A vendor at a flea market sells brass knuckles, advertising them as self-defense tools. Even though the vendor isn’t using them or directly causing harm, selling brass knuckles is illegal under Penal Code § 21810. Whether in a store, online, or at a market, selling brass knuckles is a violation.
3. Importing Brass Knuckles
Example: Ordering brass knuckles from another state A California resident orders a pair of brass knuckles online from a company based in another state. Upon arrival in California, the individual takes possession of the brass knuckles, violating the law. Importing metal knuckles into the state is illegal, regardless of how they are obtained or if the buyer claims ignorance of the law.
4. Manufacturing Brass Knuckles
Example: Making brass knuckles in a home workshop A metalworker decides to craft custom brass knuckles as a side project to sell to friends. Even though the brass knuckles are not being used violently, the act of manufacturing or making them is a violation of Penal Code § 21810. The law covers not just possession or sale but also the creation of these weapons.
5. Giving Brass Knuckles as a Gift
Example: Gifting brass knuckles to a friend A person buys brass knuckles and decides to give them as a gift to a friend for protection. The act of giving or lending brass knuckles is illegal under California law. Even though it’s not a commercial transaction, giving the item to someone else still violates Penal Code § 21810.
6. Brass Knuckles as Part of a Collection
Example: Displaying brass knuckles in a collection A collector of antique weapons has a pair of brass knuckles on display in their home. While they might argue that the knuckles are a historical artifact and part of their collection, possession of brass knuckles in California is still illegal under Penal Code § 21810. The collector could face charges simply for having them in their possession.
7. Using Brass Knuckles in a Fight
Example: Using brass knuckles in an altercation A person gets into a heated argument at a bar and, feeling threatened, uses brass knuckles they were carrying to punch the other person. Not only would this be considered assault or battery, but the use of brass knuckles in this situation would also violate Penal Code § 21810. The penalties for such an offense would be more severe due to the involvement of an illegal weapon.
3. What are The Common Defenses Against Penal Code § 21810 PC?
California Penal Code § 21810 PC makes it illegal to manufacture, sell, import, give away, or possess brass knuckles. Violating this law can result in serious legal consequences, including fines and imprisonment. However, if you or someone you know is facing charges under this statute, there are several defenses that may be effective in challenging these accusations. Here are some of the most common defenses against Penal Code § 21810 PC:
1. No “Brass Knuckles” Involved
One of the primary defenses against a charge under Penal Code § 21810 is arguing that the object in question does not meet the legal definition of brass knuckles. According to the law, brass knuckles are specifically defined as a device designed to fit over the knuckles, made of metal, and intended to increase the force and damage caused by a punch.
Defense Example: If the object found in your possession is not made of metal or doesn’t fit the definition of brass knuckles (e.g., a novelty item or non-functional accessory), your defense attorney can argue that the item in question is not covered by Penal Code § 21810. In such cases, the charges could be dismissed or reduced.
2. Lack of Knowledge
Another defense to a charge under Penal Code § 21810 is that you were unaware that you were in possession of brass knuckles. This defense can be particularly useful if someone else gave you the brass knuckles or they were placed in your belongings without your knowledge.
Defense Example: Imagine you borrowed a jacket from a friend, and the jacket had brass knuckles in the pocket without your knowledge. If police find the knuckles during a search, you could argue that you had no idea the item was in your possession, which could lead to a dismissal of the charges.
3. Free from Prosecution (Exemptions)
Certain individuals or professionals may be exempt from prosecution under Penal Code § 21810. For instance, law enforcement officers, military personnel, or authorized antique dealers may be permitted to possess, sell, or handle brass knuckles under specific circumstances.
Defense Example: If you are an antique dealer and have brass knuckles as part of a historical collection, your attorney can argue that you fall under an exemption, and the possession is lawful within your profession.
4. Illegal Search and Seizure (Fourth Amendment Violation)
A common defense in many criminal cases, including those involving brass knuckles, is that law enforcement violated your Fourth Amendment rights against unreasonable search and seizure. If the police found the brass knuckles during an unlawful search, any evidence obtained from that search may be inadmissible in court.
Defense Example: If officers searched your vehicle without probable cause or a valid warrant and discovered brass knuckles, your defense attorney can file a motion to suppress the evidence. If the motion is successful, the prosecution may have insufficient evidence to continue the case, leading to a dismissal of the charges.
5. No Probable Cause for Arrest
Before the police can arrest you, they must have probable cause to believe that a crime has been committed. If you were stopped, detained, or arrested without proper cause, your defense attorney can challenge the validity of the arrest.
Defense Example: If you were pulled over for a minor traffic violation and the officer conducted a search of your vehicle without probable cause, your attorney could argue that the brass knuckles were discovered unlawfully. This could result in the evidence being excluded and the charges being dropped.
6. Possession for Legitimate Purposes
In some cases, the brass knuckles might be part of a legitimate collection or used for non-combat purposes, such as in a display or theatrical performance. If you can demonstrate that the item was intended for a legal purpose and not as a weapon, this defense may apply.
Defense Example: If you had brass knuckles as part of a costume for a stage production or as a piece of a historical collection, your attorney can argue that you had no intent to use them as a weapon, which could lead to reduced charges or dismissal.
7. Coerced Confession
If the police coerced you into admitting to possessing or using brass knuckles, this could be grounds for a defense. Under California law, confessions must be given voluntarily and without coercion. If law enforcement used threats, intimidation, or deceit to get you to confess, that confession may be inadmissible in court.
Defense Example: If officers pressured you into confessing by threatening you with harsher penalties or making false promises, your defense attorney can argue that the confession was coerced and should not be used as evidence against you.
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4. What are The Penalties for Violating Penal Code § 21810 PC?
Under California law, Penal Code § 21810 PC makes it illegal to manufacture, import, sell, give away, or possess brass knuckles. Brass knuckles are considered dangerous weapons because they can significantly increase the damage inflicted in a physical altercation. As a result, the penalties for violating this statute can be severe and vary depending on the circumstances of the case.
1. Misdemeanor Penalties
Penal Code § 21810 is classified as a “wobbler” offense, meaning it can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history.
If charged as a misdemeanor, the penalties for violating PC 21810 include:
Imprisonment: Up to 1 year in county jail.
Fines: A maximum fine of $1,000.
Probation: In some cases, instead of jail time, the court may grant misdemeanor probation (also called informal probation), which may involve community service, counseling, or other conditions.
A misdemeanor charge is typically pursued when the defendant has no prior criminal record and the offense is relatively minor.
2. Felony Penalties
If the offense is charged as a felony, the penalties for violating Penal Code § 21810 PC are significantly more severe. These may include:
Imprisonment: A sentence of 16 months, 2 years, or 3 years in county jail (under California’s realignment program).
Fines: A maximum fine of $10,000.
Felony Probation: In some cases, the court may grant felony probation (also called formal probation) instead of jail time. Felony probation typically includes more stringent conditions, such as mandatory check-ins with a probation officer, community service, or mandatory counseling.
Felony charges are more likely to be pursued if the defendant has a prior criminal history or if the brass knuckles were used in connection with other criminal activities, such as an assault.
3. Aggravating Factors That May Increase Penalties
Certain factors can elevate the seriousness of the offense and lead to harsher penalties, including:
Criminal History: If the defendant has prior convictions, particularly for violent crimes or weapons offenses, this could result in more severe penalties, including a felony charge.
Use of Brass Knuckles in a Violent Crime: If the brass knuckles were used in the commission of a violent crime, such as assault or battery, the defendant could face additional charges and penalties for those offenses, leading to longer jail or prison sentences.
4. Additional Consequences of a Felony Conviction
Being convicted of a felony under Penal Code § 21810 can have long-lasting consequences beyond imprisonment and fines. These include:
Loss of Gun Rights: Under California law, individuals convicted of a felony lose their right to own, purchase, or possess firearms.
Difficulty Finding Employment: A felony conviction can make it harder to find employment, as many employers are hesitant to hire individuals with criminal records.
Impact on Professional Licenses: If you hold a professional license (such as a nursing, teaching, or contractor’s license), a felony conviction could result in the suspension or revocation of your license.
Deportation for Non-Citizens: Non-citizens convicted of a felony weapons offense, such as possession of brass knuckles, may face deportation or other immigration consequences, as this is considered a deportable offense.
5. Possibility of Expungement
If you are convicted of a misdemeanor or felony under Penal Code § 21810, you may be eligible to have the conviction expunged from your record. To be eligible for expungement, you must complete all terms of your sentence, including probation and any jail time imposed.
An expungement does not erase the conviction entirely, but it does remove the conviction from your public criminal record. This can make it easier to find employment, obtain housing, and apply for certain licenses. However, certain restrictions, such as the loss of gun rights for felony convictions, may still apply even after an expungement.
5. What are The Related Offenses To Penal Code § 21810 PC?
Penal Code § 21810 PC makes it a crime in California to manufacture, import, sell, give away, or possess brass knuckles. Brass knuckles are considered dangerous weapons because they increase the force of a punch, making them capable of causing serious injury or even death. Like many weapons offenses, there are several other laws that are related to the illegal use, possession, or distribution of brass knuckles. Here are some of the related offenses to Penal Code § 21810 PC:
1. Penal Code § 16590 PC – Generally Prohibited Weapons
Penal Code § 16590 PC makes it a crime to manufacture, sell, or possess certain types of weapons that are deemed dangerous or prohibited in California. These weapons, often referred to as “generally prohibited weapons,” include items such as:
Brass knuckles
Nunchakus
Short-barreled shotguns and rifles
Shurikens (throwing stars)
Ballistic knives
Brass knuckles fall under this category of prohibited weapons, so a person charged with violating Penal Code § 21810 for brass knuckles possession may also face charges under Penal Code § 16590 if other dangerous weapons are found in their possession.
2. Penal Code § 20710 PC – Shobi-Zue (Pole with a Concealed Knife)
Penal Code § 20710 PC makes it illegal to manufacture, import, sell, or possess a shobi-zue, which is a pole or staff with a concealed blade or knife inside it. Like brass knuckles, a shobi-zue is considered a dangerous weapon because of its potential to cause significant harm.
A violation of PC 20710 is a wobbler offense, meaning it can be charged as either a misdemeanor or a felony, similar to PC 21810. Penalties include jail time, fines, and a possible impact on the defendant’s criminal record.
3. Penal Code § 20610 PC – Lipstick Case Knife
Penal Code § 20610 PC prohibits the manufacture, importation, sale, and possession of a lipstick case knife. This weapon is designed to resemble an ordinary lipstick case but contains a hidden blade. Like brass knuckles, lipstick case knives are categorized as deceptive and dangerous weapons.
Offenders charged under PC 21810 for brass knuckles may face similar penalties under PC 20610 if found with a lipstick case knife. This crime is also a wobbler, allowing prosecutors to charge it as a misdemeanor or felony depending on the facts of the case.
4. Penal Code § 22410 PC – Shurikens (Throwing Stars)
Penal Code § 22410 PC criminalizes the possession, manufacture, sale, or distribution of shurikens, also known as ninja stars or throwing stars. These are flat, star-shaped weapons with sharp edges designed to be thrown at a target.
As with brass knuckles, possession of shurikens is considered dangerous, and the crime can be charged as either a misdemeanor or felony under California law. A violation of PC 22410 carries similar penalties to those under PC 21810 for brass knuckles, including jail time and fines.
5. Penal Code § 21310 PC – Carrying a Concealed Dirk or Dagger
Under Penal Code § 21310 PC, it is illegal to carry a concealed dirk or dagger, which are knives designed primarily for stabbing and capable of inflicting serious bodily harm. A dirk or dagger can include any sharp, pointed object that can be used as a stabbing weapon.
This offense is also a wobbler, meaning it can be charged as either a misdemeanor or felony. Those found in possession of brass knuckles and a concealed dirk or dagger may face charges under both Penal Code § 21810 and Penal Code § 21310.
6. Penal Code § 33215 PC – Short-Barreled Shotguns and Rifles
Penal Code § 33215 PC prohibits the possession, sale, or manufacture of short-barreled shotguns and rifles, which are considered illegal firearms under California law. Short-barreled weapons are typically easier to conceal and are often used in criminal activities, making them highly regulated.
Though brass knuckles and short-barreled firearms are different types of weapons, both fall under California’s strict weapons laws, and being charged with either or both offenses can result in serious penalties.
7. Penal Code § 245(a)(1) PC – Assault with a Deadly Weapon
Penal Code § 245(a)(1) PC makes it a crime to assault someone with a deadly weapon or instrument other than a firearm. If someone uses brass knuckles in an assault, they could be charged not only under Penal Code § 21810 for possession of brass knuckles but also with assault with a deadly weapon under Penal Code § 245(a)(1).
This crime can be charged as either a misdemeanor or felony depending on the circumstances, and penalties can include jail time or prison time, along with hefty fines.
8. Penal Code § 417 PC – Brandishing a Weapon
Penal Code § 417 PC makes it illegal to brandish a weapon, including brass knuckles, in a rude, threatening, or angry manner in the presence of another person. Brandishing a weapon or firearm can lead to additional charges if the brass knuckles were used in a threatening or intimidating way during an altercation.
Penalties for brandishing a weapon under PC 417 can range from three months to one year in jail, and the charge can be aggravated if the brandishing occurred in a public place or in front of a police officer.
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